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02-05-2019 AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR ROBERT M. "BOBBY"DYER,At Large �4 � VICE MAYOR JAMES L. WOOD,Lynnhaven-District 5 c JESSICA P.ABBOTT,Kempsville-District 2 BARBARA M.HENLEY Princess Anne-District 7 U ! l\e a LOUIS R.JONES,Bayside-District 4 SHANNON DS KANE,Rose Hall-District 3 ; JOHN D.MOSS,At Large X44, DAVID NYGAARD,Beach-District 6 r''•~ AARON R.ROUSE,At Large ROSEMARY WILSON,At Large SABRINA D. WOOTEN,Centerville-District I CITY HALL BUILDING CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE CITY MANAGER-DAVID L.HANSEN CITY COUNCIL AGENDA VIRGINIA BEACH, VIRGINIA 23456-9005 CITY ATTORNEY-MARK D.STILES PHONE:(757)385-4303 CITY ASSESSOR-RONALD D.AGNOR February 5, 2019 FAX(757)385-5669 CITY AUDITOR-LYNDONS.REMIAS E-MAIL:CITYCOUNCIL vbS ov.com CITY CLERK-AMANDA BARNES @ MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY MANAGER'S BRIEFING - Conference Room- 2:30 PM A. DISPARITY STUDY FINAL REPORT Sameer Bawa, Ph.D., Managing Director—BBC Research & Consulting II. CITY COUNCIL'S BRIEFINGS A. BI-ANNUAL CRIME STATISTICS Chief James Cervera, Police B. TCC HOTEL UPDATE Taylor Adams, Interim Director—Economic Development C. FY 2019-20 RESOURCE MANAGEMENT PLAN (Budget) CAPITAL IMPROVEMENT PROGRAM (CIP) - ROADWAYS David Jarman, Transportation Division Manager—Public Works III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW VI. INFORMAL SESSION - Conference Room- 5:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION: Reverend Mark D. Wilkinson Rector, St. Aidan's Episcopal Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS January 15, 2019 G. MAYOR'S PRESENTATIONS 1. AFRICAN AMERICAN HERITAGE MONTH Dr. Amelia N. Ross-Hammond, Founder and Executive Director of Project Management African American Cultural Center Elizabeth Mills and Tammie Rice, Seatack Community Civic League 2. VIRGINIA BEACH MUSTANGS DAY Bruce Pearl H. PUBLIC HEARINGS 1. CONVEYANCE OF CITY PROPERTY The Housing Resource Center to the Virginia Beach Development Authority— administer grant funds 2. CONVEYANCE OF EASEMENTS OVER CITY PROPERTY 5709 Providence Road known as Woodstock Park to Hampton Roads Sanitation District 3. SALE OF EASEMENTS OVER CITY PROPERTY—Interfacility Traffic Area 3320 North Landing Road 2868 Indian River Road 2514 Salem Road I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES/RESOLUTION 1. Ordinance to AUTHORIZE the TRANSFER of property located at 104 North Witchduck Road (Housing Resource Center)to Virginia Beach Development Authority re administering grant funds 2. Ordinance to AUTHORIZE utility and access easements over a portion of City property located at 5709 Providence Road to the Hampton Roads Sanitation District (HRSD) and DECLARE such easements to be in excess of the City's needs 3. Ordinance to DECLARE Excess Restrictive Easements over City Property in the Interfacility Traffic Area(ITA) and AUTHORIZE the City Manager to sell the same to the United States of America: a. 3320 North Landing Road b. 2868 Indian River Road c. 2514 Salem Road 4. Ordinances re Cavalier Shores Neighborhood: a. AMEND City Code Sections 21-353 and 21-354 re Residential Permit Parking Program(Deferred from November 20, 2018) b. IMPLEMENT a Pilot Program by Amending City Code Sections 21-353 and 21-354 re residential permit parking 5. Resolution to PROVIDE for the issuance and sale of Storm Water Utility Revenue Bonds, Series 2019, in a maximum principal amount of$35-Million, PROVIDE for the form, details and payments thereof to finance the cost of improvements to the Storm Water Utility System and AUTHORIZE the execution and delivery of document related to such financing 6. Ordinance re Woodstock Park HRSD Cost Contribution: a. ESTABLISH CIP Project 4-049 and TRANSFER$2-Million from Open Space and Park Infrastructure Development and Maintenance II b. AUTHORIZE the City Manager to EXECUTE an Agreement with Hampton Roads Sanitation District(HRSD) re City-Related improvements to Woodstock Park 7. Ordinances to ACCEPT and APPROPRIATE: a. $131,446 from Closed and Inactive Capital Projects from the Virginia Beach Development Authority(VBDA) to the Virginia Beach Amphitheater Capital Maintenance re expansion of parking lot b. $20,000 to the FY2018-19 Parks and Recreation Operating Budget re summer youth employment c. $91,907 from the Estate of Irene Brandon Roper to the FY2018-19 Fire Department Operating Budget re purchase of thermal imaging cameras d. $50,000 from the Virginia Department of Emergency Management(VDEM) to the FY2018-19 Fire Department Operating Budget re purchase supplies and training for Technical Rescue Team e. $484,570 from VDOT to CIP 2-111 "Traffic Safety Improvements IV" re design and construct the Pacific Avenue Pedestrian Improvement Project f. $25,000 from VB Home Now, Inc., to the FY2018-19 Housing and Neighborhood Preservation Operating Budget re efforts to prevent homelessness 8. Ordinances to APPROPRIATE: a. $699 from the Fire Department Gift Fund re purchase a grill for Station 4 b. $6,000 in interest income to the FY2018-19 Fire Department Operating Budget re purchase of a utility vehicle 9. Ordinances to TRANSFER: a. $221,200 within the FY 2018-19 Waste Management Operating Budget re support recycling services b. $147,501 from Reserve for Contingencies to the FY2018-19 Housing and Neighborhood Preservation Operating Budget re enforcement efforts and code compliance measures c. $171,269 from Reserve for Contingencies to the FY2018-19 Office of Voter Registration and Elections Operating Budget re recount completed in December 2018 K. PLANNING 1. GLENN MCDERMOTT/TOWN CENTER JEWEL, LLC for a Special Exception for Alternative Compliance to the City Zoning Ordinance (CZO) re freestanding sign at 4452 Virginia Beach Boulevard (Deferred from January 15, 2019) DISTRICT 5 — LYNNHAVEN RECOMMENDATION: STAFF—APPROVAL PLANNING COMMISSION—DENIAL 2. CLEAR CREEK HOLDINGS, LLC for a Conditional Change of Zoning from R-10 Residential & I-1 Light Industrial to Conditional I-1 Light Industrial at a vacant parcel off of South Birdneck Road, approximately 680 feet from Carissa Court re construct three (3) buildings for industrial office/warehouse units DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 3. L. B. H., LLC for a Conditional Change of Zoning from R-7.5 Residential to Conditional A-24 Apartment at 463 North Witchduck Road and the two (2) vacant parcels to the South re develop twenty-eight (28) dwelling units DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 4. RICHARD C. TROTMAN and 7 CITIES TATTOO, LLC at 5296, 5298, 5300, 5302, 5304, 5306, 5308, 5310, 5312, 5314, 5316 and 5318 Providence Road (DISTRICT 2-KEMPSVILLE) for a: a. Conditional Change of Zoning from B-1 Neighborhood Business to Conditional B-2 Community Business b. Variance to Section 4.4 (b) of the Subdivision Regulations re lot width c. Conditional Use Permit re tattoo parlor RECOMMENDATION: APPROVAL 5. ATLANTIC AUTOWERKS, LTD and JOHN & BETTY WILLIS REVOCABLE LIVING TRUST for a Conditional Use Permit re automobile repair garage at 5479 Virginia Beach Boulevard DISTRICT 2 —KEMPSVILLE RECOMMENDATION: APPROVAL 6. IRON ASYLUM 2, LLC and VIRGINIA KEMPSVILLE, LLC for a Conditional Use Permit re indoor and outdoor recreation facility at 1832 Kempsville Road, Suite 13 DISTRICT 1 — CENTERVILLE RECOMMENDATION: APPROVAL 7. JARMINE & LECREA WESTMORELAND for a Conditional Use Permit re family day-care home at 4857 South Oliver Drive DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 8. Ordinance to AMEND Section 1.3 of the Floodplain Ordinance re definition of repetitive loss RECOMMENDATION: APPROVAL 9. Ordinance to AMEND Section 201 of the City Zoning Ordinance (CZO) re permits for fences RECOMMENDATION: APPROVAL L. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION BAYFRONT ADVISORY COMMISSION BIKEWAYS AND TRAILS COMMITTEE BOARD OF BUILDING CODE APPEALS —ELECTRICAL DIVISION —NEW CONSTRUCTION DIVISION —PLUMBING AND MECHANICAL DIVISION COMMUNITY SERVICES BOARD DEFERRED COMPENSATION BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION INVESTIGATIVE REVIEW PANEL OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PERSONNEL BOARD PUBLIC LIBRARY BOARD STORMWATER APPEALS BOARD TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ********************************** ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 **************************** 2019 CITY COUNCIL MEETINGS Tuesday, February 5 Formal Session Tuesday, February 12 CANCELLED Tuesday, February 19 Formal Session Tuesday, February 26 Workshop /I_1111 CITY COUNCIL WINTER RETREAT Parks and Recreation Administrative Building 2154 Landstown Road Virginia Beach, Virginia 23456 February 11 and 12, 2019 02/05/2019 JAG MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY MANAGER'S BRIEFING - Conference Room- 2:30 PM A. DISPARITY STUDY FINAL REPORT Sameer Bawa, Ph.D., Managing Director—BBC Research & Consulting II. CITY COUNCIL'S BRIEFINGS A. BI-ANNUAL CRIME STATISTICS Chief James Cervera, Police B. TCC HOTEL UPDATE Taylor Adams, Interim Director—Economic Development C. FY 2019-20 RESOURCE MANAGEMENT PLAN (Budget) CAPITAL IMPROVEMENT PROGRAM (CIP) - ROADWAYS David Jarman, Transportation Division Manager—Public Works III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW VI. INFORMAL SESSION - Conference Room- 5:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION: Reverend Mark D. Wilkinson Rector, St. Aidan's Episcopal Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS January 15, 2019 G. MAYOR'S PRESENTATIONS 1. AFRICAN AMERICAN HERITAGE MONTH Dr. Amelia N. Ross-Hammond, Founder and Executive Director of Project Management African American Cultural Center Elizabeth Mills and Tammie Rice, Seatack Community Civic League 2. VIRGINIA BEACH MUSTANGS DAY Bruce Pearl t. AL�i��•B40 Ck)$p Op OUR N►SO' cotta Cation Whereas: People of African descent first arrived in Virginia 400 years ago;and Maras: The first persons of African descent in 'Virginia Beach were likely to have been three individuals transported'here 6y Capt.Adam 2horoughgood by 1637;and Whereas: the general commemoration of the historical contributions of African Americans in Virginia and elsewhere was first esta6Cuhed as Negro History Week in 1926 by a native Virginian, Carter G.'Woodson;and Where= 'President Gerald W,Ford expanded this commemoration and celebration to encompass Black History Month in 1976;and Whereas:ereas: Since 1996, the President of the 'United States has issued'an annual proclamation for NationalAfricanAmerican History Month;and Whereas: The theme of the commemoration in 2019 is Black Migrations,•and W1'eereas: The Seatackarea in'Virginia Beach is one of the oldestfree African American communities in the'UnitedStates;and Whereas: Several government farms were estabfiished in Erincess Anne County 6y the 'Union Army during the CiviuWar to house and proviek work for a growing number ofAfrican Americans escaping slavery;and Whereas: Numerous African American communities and settlements were established in the 19th century in what is now Virginia Beach including Beechwood;Blackwater,Burton Station, Centerville, Creeds, Great Neck(Mill(Dam, Little Neck New Light, Newsome Tann, Pleasant Ridge and(Pungo;and Whereas: Numerous African American communities and neigh6orhoods were established in the 20th century in what is now'Virginia Beach including Atlantic Park, 'Doyltown, Gracetown, Lake Edward;Lake Smith,L ands Gardens,Queen City aa Weedtown;and WNFereas: African Americans have overcome enslavement, discrimination and adversity to make positive contributions in all areas of enterprise and service in 'Virginia Beach, the Commonwealth of Virginia and the'UnitedStates of America;and Whereas: The Mayor and City Council support the esta6Cuhment of an African American Cultural Center in 'Virginia Beach as a hu6 for African American culture and history and have approved the Deed Transfer and Title of property in Virginia Beach for that purpose; Now Therefore,I Wo6ert M.Dyer,Mayor of the City of Virginia Beach,'Virginia,do hereby proclaim: Fe6niary 2019 AfricanAmencan Jferitage 9vfontfi In'Virginia Beads,antifurthiermore call upon the citizens,government agencies,public and private institutions,businesses andschoors in'Virginia Beach to recognize the contributions of African Americans to the history anddeveropment of the city,state and nation and to commemorate this month with appropriate activities. In Witness Whereof I have hereunto set my hand and'caused the Official-Sear of the City of Virginia Beach,'Vir;inia, to 6e affixed this'Fifth(Day of'February,'Two Thousand and Nineteen. . ._ Robert.M. "Bobby"Dyer Mayor 0141'.B 4C 2 Ls a 0 tr N., ego d�p OUR RU1' � to tiantati o n Whereas: In 2001, in heir first season of Top Warner footbag the Virginia Beach Mustangs won the Division I Junior Midget Pop Warner Super BowC completing a 14-0 season in which they recorded nine shutouts;and Wfrereat On (December 8, 2018, 'The Virginia Beach Mustangs, led by ?lead Coach Bruce (earC once again won the(Division I Junior Pee Wee Pop Warner Super Bowl 6y shutting out the St.Phillips Saints 25-0,to complete another undefeated season.;and Whams: One of the oldest youth football organizations in the country, Pop Warner holds its national championships at Walt Disney World and has working relationships with the National'Foot6aaLeague and numerous corporate giants;and ¶l4icteat Virginia Beach Mustangs'organization is composed of 8 football teams, and 181 youth athletes between the ages of 5 and 14;and Whereas Ninety-nine percent of these children are Virginia Beach residents;and Whereat 'Ire organization was founded in 2001 by Sid Pearl who has coached in Virginia Beach for 52 years; since the inception of the Virginia Beach Mustangs, over 100 athletes have earned the honor asAft-American Scholars;and Whereat outside of foothaff in the private sector, government sector and the military The Virginia Beach Mustangs alumni include former BNFL players Percy Marvin and Scott McGee,• Bu66a Jenkins NCAA Division I Wrestling Championships;; Eli "Carolerfrom the Detroit Lions; Justin"funter from the Pittsburgh Steelers;• Tajh Boyd former&with the New 2'orkiets and Pittsburgh Steelers;Bucky"Codes from the Pittsburgh Steelers; numerous college football players; and numerous former Virginia Beach Mustangs players that have foundsuccess. Now' herefore,I Robert M. Dyer,Mayor of the City of Virginia Beach,Virginia,do hereby proclaim: Teoruary 5, 2019 Virginia Beach Mustangs Day In'Virginia tBeach,and I call upon all citizens to exyend their congratulations to the Virginia Beach Mustang players,coaches,and parents and to recognize the accomplishments made by teamwork talent and skiff In'In Wan='Whereof I have hereunto set my hand and caused the Official-Seal of the City of Virginia Beach,Virginia,to 6e affi,ted this T fih Day of Te6ruary,'Two?(wusandandNineteen. .,• _ - -„, , 0 6‘.4 ji4°4 Robert M. °Bobby"Dyer .. Mayor H. PUBLIC HEARINGS 1. CONVEYANCE OF CITY PROPERTY The Housing Resource Center to the Virginia Beach Development Authority— administer grant funds 2. CONVEYANCE OF EASEMENTS OVER CITY PROPERTY 5709 Providence Road known as Woodstock Park to Hampton Roads Sanitation District 3. SALE OF EASEMENTS OVER CITY PROPERTY—Interfacility Traffic Area 3320 North Landing Road 2868 Indian River Road 2514 Salem Road E re : rayy t y .,4-z;) • *444.,,rAt'-,;fly PUBLIC HEARING CONVEYANCE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBUC HEARING Tuesday, February 5,2019,at 6:00 p.m.,in the Council Chamber,City Hall-Bldg.1, Virginia Beach Municipal Center. The purpose of this hearing will be to obtain public input to determine whether the following City property should be conveyed to the City of Virginia Beach Development Authority for the purpose of administering federal and grant funds for the Housing Resource Center: The Housing Resource Center, located at 104 N.Witchduck Road (GPIN:1467-84-4236),consisting of approximately 3.9 acres of City- owned property, including improvements thereon. 02 Any questions concerning this matter should be directed to the Dept. of Housing& Neighborhood Preservation, 2424 Courthouse Drive,Bldg.18A,Virginia Beach,VA 23456, (757) 385-5750, houseno VBgcy,ccn. If you are physically disabled or visually impaired and need assistance at this meeting,please call the CITY CLERK'S OFFICE at 3854303; Hearing Impaired, call TDD 711 (TDD-Telephone Device for the Deaf). All interested parties are invited to attend. Amanda Barnes,MMC City Clerk BEACON: 1/27/2019 ifr ,• ,:.§. ,. .,..,:„.,:,:r. PUBLIC HEARING CONVEYANCE OF EASEMENTS OVER CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the conveyance of easements over City- owned property on Tuesday,February 5,2019,at 6:00 p.m.,in the Council Chamber of the City Hall Building (Building #1) at the Virginia Beach Municipal Center, Virginia Beach, Virginia. The property is located at 5709 Providence Road(GPINs 1456- 83-3244 and 1456-83-2842) and known as Woodstock Park. The purpose of this hearing will be to obtain public input to determine whether easements over a portion of this property should be declared "Excess of the City's needs" and conveyed to HRSD. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 757-385-4303; Hearing Impaired, call 711(Virginia Relay-Telephone Device for the Deaf). Any questions concerning this matter should be directed to the Parks & Recreation Department, 2154 Landstown Road. The Office telephone number is(757)385-1129. All interested parties are invited to attend. Amanda Barnes,MMC City Clerk BEACON: 1/27/2019 �jj•°0�44�+ �b�'� 1�F{gy�gs_dJ • i�V^ivY^�j, PUBLIC HEARING SALE OF EASEMENTS OVER CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the sale of restrictive easements to the United States Navy over City- owned properties in the Interfacility Traffic Area (ITA),Tuesday,February 5,2019 at 6:00 p.m., in the Council Chambers of the City Hall Building (Building#1)Municipal Center,Virginia Beach, Virginia. The properties to be subject to the easement are (by location, approximate size, former owner,GPIN): 3320 North Landing Road(3.00±acres), acquired from Stanford E.Mosley and Sharon L.Mosley,GRIN:1483-98-7642 2868 Indian River Road(1.270±acres), acquired from Johnnie L.Chamberlain,Sr. and Earlene G.Chamberlain,GPIN:1493-33- 6194 2514 Salem Road(0.3922±acres),acquired from William A.Starling and Jeanne E. Starling,GPIN:1484-32-7614 This hearing will be to obtain public input to determine whether these easements restricting uses should be declared "excess of the City's needs." If you are physically disabled or visually impaired and need assistance at this meeting,please call the CITY CLERK'S OFFICE at 385-4303;Hearing Impaired, call 711 (Virginia Relay-Telephone Device for the Deaf). Any questions concerning this matter should be directed to the Office of Real Estate.Municipal Building#2,Room 392,(757)385-4161. All interested parties are invited to attend. Amanda Barnes,MMC City Clerk BEACON: 1/27/2019 J. ORDINANCES/RESOLUTION 1. Ordinance to AUTHORIZE the TRANSFER of property located at 104 North Witchduck Road(Housing Resource Center)to Virginia Beach Development Authority re administering grant funds 2. Ordinance to AUTHORIZE utility and access easements over a portion of City property located at 5709 Providence Road to the Hampton Roads Sanitation District(HRSD)and DECLARE such easements to be in excess of the City's needs 3. Ordinance to DECLARE Excess Restrictive Easements over City Property in the Interfacility Traffic Area (ITA)and AUTHORIZE the City Manager to sell the same to the United States of America: a. 3320 North Landing Road b. 2868 Indian River Road c. 2514 Salem Road 4. Ordinances re Cavalier Shores Neighborhood: a. AMEND City Code Sections 21-353 and 21-354 re Residential Permit Parking Program (Deferred from November 20, 2018) b. IMPLEMENT a Pilot Program by Amending City Code Sections 21-353 and 21-354 re residential permit parking 5. Resolution to PROVIDE for the issuance and sale of Storm Water Utility Revenue Bonds, Series 2019,in a maximum principal amount of$35-Million, PROVIDE for the form, details and payments thereof to finance the cost of improvements to the Storm Water Utility System and AUTHORIZE the execution and delivery of document related to such financing 6. Ordinance re Woodstock Park HRSD Cost Contribution: a. ESTABLISH CIP Project 4-049 and TRANSFER$2-Million from Open Space and Park Infrastructure Development and Maintenance II b. AUTHORIZE the City Manager to EXECUTE an Agreement with Hampton Roads Sanitation District(HRSD)re City-Related improvements to Woodstock Park 7. Ordinances to ACCEPT and APPROPRIATE: a. $131,446 from Closed and Inactive Capital Projects from the Virginia Beach Development Authority(VBDA)to the Virginia Beach Amphitheater Capital Maintenance re expansion of parking lot b. $20,000 to the FY2018-19 Parks and Recreation Operating Budget re summer youth employment c. $91,907 from the Estate of Irene Brandon Roper to the FY2018-19 Fire Department Operating Budget re purchase of thermal imaging cameras d. $50,000 from the Virginia Department of Emergency Management(VDEM)to the FY2018-19 Fire Department Operating Budget re purchase supplies and training for Technical Rescue Team e. $484,570 from VDOT to CIP 2-111 "Traffic Safety Improvements IV"re design and construct the Pacific Avenue Pedestrian Improvement Project f. $25,000 from VB Home Now, Inc.,to the FY2018-19 Housing and Neighborhood Preservation Operating Budget re efforts to prevent homelessness 8. Ordinances to APPROPRIATE: a. $699 from the Fire Department Gift Fund re purchase a grill for Station 4 b. $6,000 in interest income to the FY2018-19 Fire Department Operating Budget re purchase of a utility vehicle 9. Ordinances to TRANSFER: a. $221,200 within the FY 2018-19 Waste Management Operating Budget re support recycling services b. $147,501 from Reserve for Contingencies to the FY2018-19 Housing and Neighborhood Preservation Operating Budget re enforcement efforts and code compliance measures c. $171,269 from Reserve for Contingencies to the FY2018-19 Office of Voter Registration and Elections Operating Budget re recount completed in December 2018 fit. rC� y. 41 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing Transfer of the Property Located at 104 N. Witchduck Road, known as the Housing Resource Center, to the City of Virginia Beach Development Authority MEETING DATE: February 5, 2019 • Background: The City of Virginia Beach (the "City") owns approximately 3.9 acres of property located 104 N. Witchduck Road (GPIN: 1467-84-4236) (the "Property"). The Property was developed by the City as the Housing Resource Center to assist families and individuals experiencing homelessness or a housing crisis (the "HRC"). The HRC offers services including shelter, housing, health care, cafeteria, learning facilities and supportive and munity resources. These services are provided by City agencies, nonprofit service providers and faith-based organizations. As part of the funding needed to support the HRC, the City's Department of Housing and Neighborhood Preservation ("DHNP") seeks to utilize Federal Housing Choice vouchers. Utilizing the vouchers would provide approximately $250,000 in annual Federal funding to be used to support the HRC. Under Federal regulations, the recipient of the vouchers cannot also own the housing for which the vouchers are provided. The City of Virginia Beach Development Authority (the "Authority") is a political subdivision of the Commonwealth of Virginia separate and distinct from the City. As such, the Authority holding title to the HRC would satisfy Federal regulations and allow the City to receive the desired Federal funding for the HRC. Pursuant to the proposed lease, DHNP would retain responsibility for the operation and administration of the HRC and the services offered to the public would not change. • Considerations: The City proposes conveying the Property to the Authority, and simultaneously entering into a lease agreement with the Authority. This arrangement would be similar to that of the Social Services Building, where the Authority is landlord and the City is tenant. Conveyance of the Property to the Authority would allow the DHNP to pursue, receive and administer the Federal funding to support the management and operation of the HRC. The deed conveying the Property to the Authority would include a reverter clause, wherein title to the Property would be conveyed back to the City on request of the City. • Public Information: A public hearing for the proposed conveyance of the Property was advertised on January 27, 2019 in The Virginian-Pilot. Advertisement of City Council Agenda. • Alternatives: Approve the Ordinance as presented, deny approval of the Ordinance, or add conditions or modifications as desired by City Council. • Recommendations: Approval. • Attachments: Ordinance, Location Map Recommended Action: Approval ,l t --- 11/Por Submittin. Dep• m- t/Agency: Des4' Housing and Neighborhood Preservation 6 Manager: 1 AN ORDINANCE AUTHORIZING TRANSFER OF THE 2 PROPERTY LOCATED AT 104 N. WITCHDUCK ROAD, 3 KNOWN AS THE HOUSING RESOURCE CENTER, TO THE 4 CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY 5 6 WHEREAS, the City of Virginia Beach (the "City") owns approximately 3.9 acres 7 of property located 104 N. Witchduck Road (GPIN: 1467-84-4236) (the "Property"); 8 9 WHEREAS, the Property was developed by the City as the Housing Resource 10 Center (the "HRC") to assist families and individuals experiencing homelessness or a 11 housing crisis; 12 13 WHEREAS, as part of the funding needed to support the HRC, the City's 14 Department of Housing and Neighborhood Preservation ("DHNP") seeks to utilize Federal 15 Housing Choice vouchers, which would provide approximately $250,000 in annual 16 Federal funding; 17 18 WHEREAS, Federal regulations require that an entity other than the City own the 19 property in order to use the vouchers there; 20 21 WHEREAS, the City of Virginia Beach Development Authority (the "Authority") is a 22 political subdivision of the Commonwealth of Virginia separate and distinct from the City; 23 24 WHEREAS, City staff and the Authority have determined that title to the HRC should 25 be transferred to the Authority to satisfy Federal regulations and allow the City to receive 26 the said Federal funding for the HRC; and 27 28 WHEREAS, the City and the Authority would enter into a lease agreement, wherein 29 the Authority would act solely as landlord, with the DHNP retaining the responsibility for 30 the operation and administration of the HRC. 31 32 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 33 BEACH, VIRGINIA, 34 35 1. That City Council authorizes the transfer of title of the property located at 36 104 N. Witchduck Road, known as the Housing Resource Center, more particularly 37 described in Exhibit A attached hereto and made a part here, to the Authority, subject to 38 acceptance by the Authority and its agreement to lease back to the City. 39 40 2. That the City Manager, or his designee, is hereby authorized to execute any 41 and all documents to complete such transfer, so long as the documents contain a reverter 42 clause vesting title back to the City at the City's request, and such other terms, conditions 43 and modifications as may be acceptable to the City Manager and in a form deemed 44 satisfactory by the City Attorney. 45 3. That the City Council requests and recommends that the Authority adopt a 46 Resolution accepting such transfer of the Property, subject to entering into a lease 47 agreement with the City, so long as the lease agreement contains such terms, conditions 48 and modifications as may be acceptable to the City Manager and in a form deemed 49 satisfactory by the City Attorney. 50 51 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 52 of , 2019. APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: O : City Attorney Dept. of Housing & Neighborhood Preservation CA14429 vbgo,.com dfsl applications`citylaw\cycom32\wpdocs\d009\p031\00532547.docx R-2 1/28/2019 2 EXHIBIT A ALL THAT certain lot,piece or parcel of land,with the buildings and improvement there, being known and designated as "PARCEL A" containing 4.781 acres, more or less, as shown on that certain plat entitled "RESUBDIVISION OF LOTS 9-16 (incl) & 25-45 (incl), BLOCK 48, LOTS 6-16 (incl) & 22-42 (incl), BLOCK 49 AND CLOSED PORTION OF DENN LANE—EUCLID PLACE—(M.B. 4, P. 63)", recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 200407290118226,reference is made to the legend of said plat,which defines the property lines. LESS AND EXCEPT that portion of property established for right-of- way purposes as shown on that certain plat entitled"PLAT OF RIGHT OF WAY TO BE ESTABLISHED CITY OF VIRGINIA BEACH FOR WITCHDUCK ROAD — CIP NO. 2-025 VIRGINIA BEACH, VIRGINIA",dated December 10,2014, and recorded in the aforesaid Clerk's Office as Instrument No. 20160111000026060. IT BEING a portion of the same property conveyed to the City of Virginia Beach by deed from 8450 Van Nuys Blvd. (Virginia), LLC, a Virginia limited liability company, dated July 13, 2012, and recorded in the aforesaid Clerk's Office as Instrument No. 20120731000856460. GPIN: 1467-84-4236 ti ti 3 \ ill\ I_ i . i 0, \ I N MWlrf.g.,h0 / \\r....\ Rt) .. i KL=� : 0 44410._ -.: 1. rnr \\N\ � D �\ o L-----7-----Nieal' co /IS 1 W T N i C Z- r D 0 2 c 0z E N m v 0 i 4,' S w D rDN v w al r-F r rn "S r- >D �* w 1 . en W . ... ._„ ...., .„. __ ,....., _ _ _ . . . _ ._,. _ . .. 100-199 JERSEY AVE JERSEY AV! / --- - — I'''' to i ....y N46 N i DO 0 es e j C N I Xi I 1 1 - :7'-,f ``'9.tz u '`JJ CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to authorize granting utility and access easements over a portion of the City's property located at 5709 Providence Road (GPINs 1456-83-2842 and 1456-83-3244) to Hampton Roads Sanitation District and declaring such easements to be in excess of the City's needs MEETING DATE: February 5, 2019 ■ Background: The City purchased the 28.8-acre property at 5709 Providence Road (the "Property") on January 6, 1978, with a restriction that the Property be used for public purposes. The Property has been used as a public park known as "Woodstock Park." On January 1, 2022, by federal mandate, the Chesapeake Bay Total Maximum Daily Load ("TMDL") limits on nitrogen, phosphorus and sediments will become more stringent. To address this change in TMDL requirements, Hampton Roads Sanitation District ("HRSD") will shut down the Chesapeake Elizabeth Wastewater Treatment Plant (located near Joint Expeditionary Base-Little Creek) and divert the majority of the flows to the Atlantic Wastewater Treatment Plant (located near Ocean Lakes High School). To maintain the current level of service to Virginia Beach citizens, a number of interceptor system improvements are required to facilitate this flow diversion including the construction of the Providence Road Off-Line Storage Facility (the "Tank") located near the HRSD Providence Road Pressure Reducing Station (the "Station") at 5729 Old Providence Road. The Tank will be operated when needed to store wet weather peak flows exceeding the hydraulic capacity of HRSD's interceptor system. Hydraulic model predictions suggest flow diversion to storage approximately 12 times per year with stored flows returned to the system for continued conveyance to the Atlantic Wastewater Treatment Plant as wet weather conditions subside. HRSD desires to partner with the City and is seeking utility and access easements over a 5.23-acre(+/-) portion of the Property in the area of the existing skate park (the "Easements") in exchange for construction of new skate park improvements on the Property. The improvements will belong to the City. The Easements include approximately 3.85 acres for the Tank, 0.92 acres for pipe routing from the Tank to the Providence Road right-of-way to connect to the Station, and 0.46 acres for water and sewer connections to the Tank from Barco Drive. • Considerations: The Tank will be partially buried, with the portion above- ground being 10 feet high, and will include a new, state of the art skate park to be incorporated on the top of and adjacent to the Tank. The Tank's service area and odor control equipment will be on the western (Interstate-64) side of the facility within a fenced compound and screened from public view. HRSD's anticipated cost for building the City-owned skate park is $1 million. In addition to funding the skate park, HRSD will cover the cost of any repairs to and repaving of the entrance road, constructing some additional parking, and improving the existing circular drive; these costs are yet to be determined. HRSD would like to have the Tank in place and operational by June 2021, in advance of the December 31, 2021, deadline to meet the TMDL requirements. During construction, the park will be closed for the HRSD improvements and other improvements to be made to the park amenities. Construction is expected to last two years. ■ Public Information: Advertisement of public hearing and advertisement of City Council Agenda • Alternatives: Add conditions to the conveyance of the Easements, or deny the request. ■ Recommendations: Approval • Attachments: Ordinance with Exhibit A (legal description) and Exhibit B (Summary of Terms), Location Map, and Disclosure Statement Recommended Action: Approve the conveyance of the easements to HRSD Submitting Dep. a m: ; • •ency: s and Recreation & Public Works CO' 1 City Manager: I�� • 1 AN ORDINANCE TO AUTHORIZE 2 GRANTING UTILITY AND ACCESS 3 EASEMENTS OVER A PORTION OF 4 THE CITY'S PROPERTY LOCATED AT 5 5709 PROVIDENCE ROAD (GPINs 6 1456-83-2842 and 1456-83-3244) TO 7 HAMPTON ROADS SANITATION 8 DISTRICT AND DECLARING SUCH 9 EASEMENTS TO BE IN EXCESS OF 10 THE CITY'S NEEDS 11 12 WHEREAS, the City of Virginia Beach (the "City") is the owner of that certain 13 parcel of land located at 3709 Providence Road (GPINs: 1456-83-2842 and 1456-83- 14 3244) (collectively, the "Property"), more particularly described on Exhibit "A" attached is hereto and a made a part hereof; 16 17 WHEREAS, the City acquired the Property to develop a neighborhood park 18 known as Woodstock Park; 19 20 WHEREAS, Hampton Roads Sanitation District ("HRSD") has requested to 21 acquire utility and access easements on the Property in the area of the existing skate 22 park (the "Easements") more particularly described on the Summary of Terms attached 23 hereto as Exhibit "B" and made a part hereof (the "Summary of Terms") to construct the 24 Providence Road Off-Line Storage Facility (the "Tank"); 25 26 WHEREAS, in exchange for the Easements, HRSD has agreed to rebuild and 27 enhance the skate park once construction of the Tank is completed; 28 29 WHEREAS, the Tank will benefit the citizens of Virginia Beach; 30 31 WHEREAS, the City Council is of the opinion that the Easements are in excess 32 of the needs of the City of Virginia Beach; and 33 34 WHEREAS, the City Council has determined that HRSD's intended use is an 35 appropriate use for the Property that will benefit the public. 36 37 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 38 VIRGINIA BEACH, VIRGINIA: 39 40 That the Easements are hereby declared to be in excess of the needs of the City 41 of Virginia Beach and that the City Manager is hereby authorized to execute any 42 documents necessary to convey the Easements over the Property to HRSD, in 43 accordance with the Summary of Terms, and such other terms, conditions or 44 modifications as may be acceptable to the City Manager and in a form deemed 45 satisfactory by the City Attorney. 46 47 This Ordinance shall be effective from the date of its adoption. 48 49 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 50 of , 2019. CA14426 R-1 PREPARED: 1/22/19 APPROVED AS TO ONTENT APPROVED AS TO LEGAL SUFFIC CY AND FORM all t PUBLI• WORKS, REAL ESTATE CITY A OR EY APPROVED AS TO CONTENT a\t\o`d\A PARKS & RECREATION EXHIBIT 'A' LEGAL DESCRIPTION OF WOODSTOCK PARK PROPERTY ALL those certain pieces or parcels of land shown upon a plat thereof recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 124, at page 14, entitled "PLAT SHOWING PROPERTY TO BE CONVEYED BY HARRY B. DAVIS TO THE CITY OF VIRGINIA BEACH, VA. FOR PROPOSED PARK," Scale: 1" = 100', dated August 5, 1976, prepared by Engineering Division, Department of Community Services, City of Virginia Beach, Virginia and further described as follows: 1. Parcel designated "Harry B. Davis, D.B. 106, P. 416, 26.346 AC." 2. Parcel designated "V.E.P.C.O. Easement, 2.468 AC." 3. Parcel designated "Ingress-Egress Easement, 0.319 AC." 4. Parcel lying to the north of parcel 3 above designated "1.124 AC." IT BEING the same property conveyed to the City of Virginia Beach from Harry B. Davis and Rosa L. Davis, his wife, and Lucille D. Thompson, by deed dated December 15, 1977, recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 1741, at page 352. GPINs: 1456-83-2842 and 1456-83-3244 EXHIBITS' SUMMARY OF TERMS GRANTOR: City of Virginia Beach ("City") GRANTEE: Hampton Roads Sanitation District ("HRSD") EASEMENTS: 5.23 acres(+/-) of Utility Easements over a Portion of Woodstock Park, 5709 Providence Road, GPINs: 1456-83-2842 and 1456-83-3244, as shown on the Location Map attached hereto as Exhibit B-1 , together with a general right of access over existing roads as necessary to access the utility easements. CONSIDERATION: HRSD will construct a new and enlarged skate park in the area of the existing skate park in Woodstock Park, construct additional parking, and improve the circular drive and improvements to the entrance road CONDITONS: • The purpose of the Easements will be to construct and maintain the Providence Road Off-Line Storage Facility (the "Tank"), connecting pipes and equipment necessary to operate the Tank. • No construction or maintenance of facilities other than for the purposes set forth above will be permitted. • The Tank will be buried, with only 10-feet to be above ground. • The 20', 30' and 50' Easements will contain underground pipes and will not restrict the public access on the surface. • Grantee will install odor-controlling equipment • The Tank will be screened from public view in a manner to be approved by the City • HRSD will have temporary general access to the park for a period of two years to complete the construction of the Tank and improvements to the park. • The City will retain sufficient rights of access to the Easement area to allow portions of the Easement for use as a skate park. I- + / L^ f I� s./_._ t -St...tom' '; a , ii '' - 1 Z..• if �—. t;- -- 1 4 yrL_ Pr . .,. " 4 �+. —L �.L • � tie-4' -� .- z \ \ • Xik *ihs 1b. di:°\`� - - b 0 trF �l 's?�. will_LL d .�W4e3 1 s-" \,.\ s f. ,a~v coil Li;Q \ dNN Jv co •.4 *i • ll.l Z eo '. . 1, • c-.\ c < ' ' -- -- ;')'1,,._e.A.1..iii-----&--...----. \,,,7\\,s, 0 ,. .,.. . . .1 _ .„ ,. .. . ti. , ., . N - LQ g ' s F F,'- ' - a =w"' ` , 6 r co o cr c _ co ii . iii - F , y,. - ., Q s�• 3 - - 11 _ -.----4100. r YQZ 4c `' �fU L , � �fi� YW UQt �fs • � UF •.......14 • ':.--6'.- .F i Rt .f Q2Q• < • .t 12- --'� la,K E` t It, 5 �' 5 Virginia Beach APPLICANT'S NAME Hampton Roads Sanitation District (HRSD) DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 5 Planning Commission and City Council meeting that pertains to the application(s). 0 APPLICANT NOTIFIED OF HEARING DATE: 0 NO CHANGES AS OF DATE: REVISIONS SUBMITTED DATE: Clrq oI N Virginia Beach X❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: Hampton Roads Sanitation District (HRSD) If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 4 0 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. (N/A) ❑ Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 5 M314,4 Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 4 0 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 5 XB Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) ❑ 0 Accounting and/or preparer of your tax return ❑ ❑ Architect/ Landscape Architect/ WPL Site Design Land Planner Team Pain Skate Parks Contract Purchaser(if other than ❑ Q the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ 0 purchaser of the subject property (identify purchaser(s) and purchaser's service providers) ❑ ❑ Construction Contractors Crowder Construction Company ❑ ❑ Engineers/Surveyors/Agents Hazen and Sawyer Financing (include current ❑ a mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ 0 Legal Services Real Estate Brokers / ❑ 0 Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 5 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. /j) r ) Ayanna R.Williams, 12/28/2018 uc7,o-x,a. CQ etai tda Real Estate Manager APPLR'ANT'S SIGNATURE PRINT NAME DATE � 9 Ayanna R.Williams, t 66a-fry,C Real Estate Manager 12/28/2018 PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 5 of 5 Emmi .S� CERTIFICATE I, Jennifer L. Cascio, Commission Secretary, certify that the following employees/ positions are authorized to execute real estate documents for Hampton Roads Sanitation District (HRSD) as of this 15th day of May, 2015. GENERAL MANAGER 0/511/. Edward G. Henifin DIRECTOR OF ENGINEERING . (41`i,/X4?--%#4- Bruce W. Husselbee CHIEF OF PLANNING &ANALYSIS '4 ,uu i,--- A. .-rnas c REAL ESTATE MANAGER4 . G(� qua Aya a R. Williams i J nifer L. ascio , C• missio I Secretary e,‘‘ A?ION�1,/i� SE yvo Na N.•O...... s ti•.�I r. w ',A" v.4.:.. : 8E I I 1 (u i1.; [ ,,,,,,,, V'':•••••••:::::'‘./J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance to declare restrictive easements over City-owned properties known as 3320 North Landing Road (GPIN: 1483-98-7642); 2868 Indian River Road (GPIN: 1493-33-6194); and 2514 Salem Road (GPIN: 1484-32-7614) in the Interfacility Traffic Area to be excess property interests and authorizing the City Manager to convey same to the United States of America MEETING DATE: February 5, 2019 • Background: On September 27, 2007, the City and the United States of America, Department of the Navy (the "Navy") entered into an agreement (the "Encroachment Partnering Agreement") to partner to acquire property in the Interfacility Traffic Area (the "ITA"). The Navy and the City agreed that the City would convey to the Navy restrictive easements (the "Restrictive Easement(s)") over property the City acquires in the ITA (later extended to the Rural AICUZ Area), and the Navy would pay to the City 100% of the appraised value of the Restrictive Easement or 50% of the appraised fair market value of the real property acquired by the City, whichever is less. The Encroachment Partnering Agreement, as amended, provides that the Navy will provide funding through federal grants, which funds will be used by the Navy to purchase the Restrictive Easements. To date, the City has sold easements to the Navy over approximately 1 ,919 acres for a total of $16,449,295 and in exchange for the Marshview property. The City has acquired the following additional properties in the ITA, and the Navy wishes to purchase easements over these properties pursuant to the Encroachment Partnering Agreement: Address/Location Size in GPIN Former Owner City's Cost Purchase Funds to Be Acres to Price from Returned to (approx.) Acquire Navy for Commonwealth Easement 1 3320 North Landing 3.00 1483-98-7642 Mosley $510,000 $250,000 $125,000 Road 2 2868 Indian River 1.270 1493-33-6194 Chamberlain $315,000 $157,500 $78,750 Road 3 2614 Salem Road 0.3922 1484-32-7614 Starling $216,000 $108,000 $54,000 TOTAL 4.6622 $1,041,000 $515,500 $257,750 • Considerations: By Ordinance 3000B, adopted on September 25, 2007, as amended by ORD-3053C, ORD-3178D, ORD-3259P, ORD-3333U, and ORD-3053C, the City approved the Encroachment Partnering Agreement and the form of the Grant of Easement to be conveyed to the Navy to establish the Restrictive Easements. The Restrictive Easements to be conveyed over the property identified on the table shown herein would prohibit future residential use and would limit the City-owned property to uses listed as compatible (marked with a "Y") on the attached table marked as "Exhibit A to Grant of Easement." The City's sale of the Restrictive Easements would recoup for the City and the Commonwealth up to 50% of the purchase price paid for these ITA acquisitions, for a total sales price of$515,500. • Public Information: Advertisement of City Council Agenda; Advertised for public hearing to dispose of an interest in City property in The Virginian-Pilot Beacon. • Recommendations: Approve the request and authorize the City Manager to execute all necessary documents to convey the Restrictive Easements, subject to the terms and conditions of the Encroachment Partnering Agreement. • Revenue restriction: The proceeds from the sale of the Restrictive Easements over all three properties in the amount of $515,500 will be received; $257,750 of the amount will be deposited for appropriation in future Capital Improvement Program capital budgets in #9-059, Oceana and Interfacility Traffic Area Conformity and Acquisition II; and $257,750 will be deposited for future payment by the City Manager to refund the Commonwealth's portion in accordance with the grant agreement. • Attachments: Ordinance, Location Map, Exhibit A to Grant of Easement (Table of Permitted/Prohibited Uses); Summary of Terms of Encroachment Partnering Agreement, as amended. Recommended Action: Approval of the Ordinance Submitting D- • • • eency: Public Works/Real Estate CS t City Manag Oro-40 1 ORDINANCE TO DECLARE RESTRICTIVE EASEMENTS OVER 2 CITY-OWNED PROPERTIES KNOWN AS 3320 NORTH LANDING 3 ROAD (GPIN: 1483-98-7642); 2868 INDIAN RIVER ROAD (GPIN: 4 1493-33-6194); AND 2514 SALEM ROAD (GPIN: 1484-32-7614) 5 IN THE INTERFACILITY TRAFFIC AREA TO BE EXCESS 6 PROPERTY INTERESTS AND AUTHORIZING THE CITY 7 MANAGER TO CONVEY SAME TO THE UNITED STATES OF 8 AMERICA 9 10 WHEREAS, the City of Virginia Beach (the "City") is the owner of certain 11 properties located in the Interfacility Traffic Area (the "ITA") in the City of Virginia Beach, 12 Virginia, which properties are identified as follows (collectively, the "Properties"): 13 14 1 . 3320 North Landing Road (3.00± acres), acquired from Stanford E. 15 Mosley and Sharon L. Mosley, GPIN: 1483-98-7642 16 17 2. 2868 Indian River Road (1 .270± acres), acquired from Johnnie L. 18 Chamberlain, Sr. and Earlene G. Chamberlain, GPIN: 1493-33- 19 6194 20 21 3. 2514 Salem Road (0.3922± acres), acquired from William A. 22 Starling and Jeanne E. Starling, GPIN: 1484-32-7614 23 24 WHEREAS, on September 27, 2007, the City and the United States of 25 America, Department of the Navy (the "Navy") entered into an agreement (the 26 "Encroachment Partnering Agreement") to partner to protect property in the ITA from 27 incompatible development; 28 29 WHEREAS, the terms and provisions of the Encroachment Partnering 30 Agreement, as amended, provide that the City will sell to the Navy restrictive easements 31 (the "Restrictive Easement(s)") over property the City acquires in the ITA and the Rural 32 AICUZ Area, and in exchange the Navy will pay to the City 100% of the fair market 33 value of the Restrictive Easements, up to 50% of the appraised fair market value of the 34 property the City acquired; 35 36 WHEREAS, the City acquired the Properties pursuant to the ITA 37 Acquisition Program, an element of the City's BRAC response program; 38 39 WHEREAS, the City funded the acquisition of the Properties through a 40 partnership with the Commonwealth of Virginia (the "Commonwealth"); and 41 42 WHEREAS, the City Council of the City of Virginia Beach finds that the 43 Restrictive Easements over the Properties are in excess of the City's needs and finds 44 that the sale of the Restrictive Easements to the Navy, pursuant to the terms of the 45 Encroachment Partnering Agreement, as amended, will allow the City and the 46 Commonwealth to recover a portion of the funds paid for the Properties. 47 48 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 49 OF VIRGINIA BEACH, VIRGINIA: 50 51 1. That Restrictive Easements over the Properties identified above are 52 hereby declared to be in excess of the needs of the City of Virginia Beach; 53 54 2. That the City Manager is hereby authorized to execute any documents 55 necessary to convey the Restrictive Easements to the Navy, in substantial conformity 56 with the terms and provisions of the Encroachment Partnering Agreement dated 57 September 27, 2007, as it has been or may be amended, and such other terms, 58 conditions or modifications as are deemed necessary and sufficient by the City Manager 59 and in a form deemed satisfactory by the City Attorney; and 60 61 3. That revenue from the sale of the Restrictive Easements over all three 62 properties in the amount of $515,500 will be received; $257,750 of the amount will be 63 deposited for appropriation in future Capital Improvement Program capital budgets in 64 #9-059, Oceana and Interfacility Traffic Area Conformity and Acquisition II; and 65 $257,750 will be deposited for future payment by the City Manager to refund the 66 Commonwealth's portion in accordance with the grant agreement. 67 68 This ordinance shall be effective from the date of its adoption. 69 70 Adopted by the Council of the City of Virginia Beach, Virginia, on the 71 day of , 2019. R-1 1/22/2019 CA14406 \\vbgov.com\dfs 1\applications\citylaw\cycom 32\wpdocs\d004\p028\00531188.doc A't1A/1 ' `+� . TO ! I L N v m v h 3� 1. 'ti - .y 1� A u? C • 'C D co CO CO a" oR W p Z . . a Z Q E Ez m e I. j io° J. e0. 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( -•Q Z a a ..,.,.W37bs, a - ft4: • on EXHIBIT A TO GRANT OF EASEMENT TABLE 1 - AIR INSTALLATIONS COMPATIBLE USE ZONES LAND USE COMPATIBILITY IN NOISE ZONES Land Use Land Use Compatibility Land Use Name 70-75 dB >75 dB DNL DNL Residential and Related Single-family dwellings N N Semidetached dwellings N N Attached dwellings/townhouses N N Duplexes N N Multiple-family dwellings N N Dormitories and other group quarters N N Mobile home parks N N Hotels and motels N N Other residential uses N N Manufacturing Food & kindred products; manufacturing Y Y Textile mill products; manufacturing Y Y Apparel and other fmished products; products made from Y Y fabrics, leather and similar materials; manufacturing Lumber and wood products (except furniture); manufacturing Y Y Furniture and fixtures; manufacturing Y Y Paper and allied products; manufacturing Y Y Printing, publishing, and allied industries Y Y Chemicals and allied products; manufacturing Y Y Petroleum refining and related industries Y Y Rubber and misc. plastic products; manufacturing Y Y Stone, clay and glass products; manufacturing Y Y Primary metal products; manufacturing Y Y Fabricated metal products; manufacturing Y Y Professional scientific, and controlling instruments; Y Y photographic and optical goods; watches and clocks Miscellaneous manufacturing Y Y Transportation, communication and utilities Railroad, rapid rail transit, and street railway transportation Y Y Motor vehicle transportation Y Y Aircraft transportation Y Y Marine craft transportation Y Y Highway and street right-of-way Y Y Automobile parking Y Y Communication Utilities Other transportation, communication and utilities Y Y Trade Wholesale trade Y Y Retail trade- building materials, hardware and farm Y Y equipment Retail trade- general merchandise Y Y Retail trade- food Retail trade- automotive, marine craft, aircraft and Y Y accessories Retail trade- apparel and accessories Y Y Services Retail trade- furniture, home, furnishings and equipment Y Y Retail trade - eating and drinking establishments Y Y Other retail trade Y Y Finance, insurance and real estate services Y Y Personal services Cemeteries Y Y Business services Y Y Warehousing and storage Y I' Repair services Professional services Hospitals, other medical facilities Y N Nursing homes N N Contract construction services Y Y Government services Y Y Educational services Y N Miscellaneous Y Y Cultural, entertainment and recreational Cultural activities (& churches) Y N Nature exhibits N N Public assembly halls N N Auditoriums, concert halls Y N Outdoor music shells, amphitheaters N N Outdoor sports arenas, spectator sports Y N Other outdoor recreational facilities Y Y Indoor recreational facilities Y Y Campgrounds Y N Parks Y N Other cultural, entertainment and recreation Y N Resource Production and Extraction Agriculture (except live stock) Y Y Livestock farming Y N Animal breeding Y N Agriculture related activities Y Y Forestry activities Y Y Fishing activities Y Y Mining activities Y Y Other resource production or extraction Y Y SUMMARY OF TERMS OF ENCROACHMENT PARTNERING AGREEMENT, AS AMENDED: Parties: The City of Virginia Beach and The United States of America, acting through the Department of the Navy Term of Agreement: The term of the agreement expires September 30, 2019, unless sooner terminated by either party, upon 30 days' notice to the other party. The agreement may be renewed or extended as the parties agree. Other Terms 1 . If the City purchases property from willing sellers in the ITA, then the Navy will purchase from the City a restrictive easement over that property limiting its use to those uses marked with a "Y" in the Table set forth in City Zoning Ordinance Section 1804 as enacted on the date of the Multi-Year Agreement (copy attached hereto as Exhibit A"): a. If the property is in 65-70 and 70-75 dB DNL Noise Zones, then the property would be limited to the allowed uses in 70-75 dB DNL Noise Zone, as stated in the Table; b. If the property is in >75 dB DNL, then the property would be limited to the allowed uses in >75 dB DNL Noise Zone; 2. The Navy will pay 100% of the appraised fair market value of the restrictive use easement or 50% of the appraised fair market value of the real property interest acquired by the City, whichever is less. After the appraisals are completed, the City can decide on a case-by-case basis whether to sell an easement to the Navy. 3. The Navy may contribute any amount of funds to acquire easements pursuant to the Encroachment Partnering Agreement, to the extent that funds are appropriated, without requiring an amendment to the Agreement. 4. The City shall provide surveys necessary to delete all standard exceptions for title insurance as to surveys. 5. The City and the Navy will obtain one appraisal to be used both for the City's acquisition of the property and for the Navy's later purchase of the restrictive easement from the City, and the Navy will share in the cost (50%) of obtaining such appraisals. 6. The area subject to the Agreement includes both the ITA and the area south of Indian River Road, within the contours of the Air Installations Compatible Use Zones (AICUZ), which area is preliminarily being called the Rural AICUZ Area ("RAA"), for sale of easements to the Navy, as has been done in the ITA. 7. The City and the Navy may obtain one survey to be used both for the City's acquisition of the property and for the Navy's later purchase of the restrictive easement from the City, and the Navy will share in the cost (50%) of obtaining such survey. o- ,ly ) , v A CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Sections 21-353 and -354 of the City Code Pertaining to Residential Permit Parking in the Cavalier Shores Neighborhood MEETING DATE: February 5, 2019 • Background: In 2005, City Council enacted the Residential Parking Permit program in order to reduce nighttime traffic congestion within residential neighborhoods; reduce hazardous traffic conditions during nighttime hours by persons attempting to avoid use of nearby city meter-regulated parking; protect residents form unreasonable noise and disturbance during nighttime hours; protect residents from unreasonable burdens in gaining access to their residences; and preserve and protect the peace, good order, convenience and character of residential neighborhoods located in close proximity to commercial areas of the City. Residents of such neighborhoods may submit a petition requesting that the City include their neighborhood in the program. • Considerations: Residents of the Cavalier Shores Neighborhood have submitted a petition to the City seeking inclusion of their neighborhood in the program, but they have requested two changes to the program with respect to their neighborhood: (1) that enforcement begin at 5 p.m. instead of 8 p.m.; and (2) that employee parking permits not be authorized for their neighborhood. This ordinance would authorize those two modifications to the program for that neighborhood. On September 5, 2017, the City Council deferred this ordinance for 60 days. The applicant civic league then requested a deferral to November 20, 2018, which was approved by the Council on November 7, 2017. The applicant requested an additional deferral, and on November 20, 2018, the City Council deferred the item to February 5, 2019. • Public Information: Public information will be provided through the normal Council agenda process. • Alternatives: The alternatives are: (1) provide no parking management program; (2) allow the neighborhood to participate in the current RPP Program that restricts parking from 8 p.m. to 6 a.m. daily; or (3) approve the alternative Pilot Program ordinance that is also a part of the February 5t" City Council agenda. • Attachments: Ordinance. Originally Requested by Vice Mayor Wood and Councilmember Jones ORIGINALLY REQUESTED BY VICE MAYOR WOOD AND COUNCILMEMBER JONES 1 AN ORDINANCE TO AMEND SECTIONS 21-353 AND -354 2 OF THE CITY CODE PERTAINING TO RESIDENTIAL 3 PERMIT PARKING IN THE CAVALIER SHORES 4 NEIGHBORHOOD 5 6 SECTIONS AMENDED: § 21-353 and -354 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Sections 21-353 and -354 of the Code of the City of Virginia Beach, Virginia, 12 are hereby amended and reordained to read as follows: 13 14 Sec. 21-353. - Parking restrictions. 15 16 (a) In any area designated as a residential permit parking area, it shall be unlawful for 17 any person to park or otherwise leave unattended any all-terrain vehicle, bicycle, 18 electric personal assistive mobility device, electric power-assisted bicycle, electric- 19 powered wheeled device, gas-powered wheeled device, low-speed vehicle, moped 20 or similar wheeled device on the street. 21 (b) In any area designated as a residential permit parking area, it shall be unlawful for 22 any person to park any motor vehicle on the street between the hours of 8:00 p.m. 23 and 6:00 a.m. unless there is affixed to the driver's side exterior surface of the 24 windshield of such motor vehicle a valid residential parking permit; provided, 25 however, that the provisions of this Section shall not apply to emergency or 26 governmental vehicles, to delivery or service vehicles while engaged in such 27 delivery or service, or to vehicles displaying a valid guest pass plainly visible from 28 the exterior of the vehicle. 29 (c) Notwithstanding the enforcement hours set forth in subsection (b) to the contrary, 30 the hours of enforcement for the Cavalier Shores Neighborhood shall be between 31 the hours of 5:00 p.m. and 6:00 a.m. For purposes of this article, "Cavalier Shores 32 Neighborhood" refers to all on-street parking on the south side of 45th Street; the 33 alley between 45th Street and 44th Street; both sides of 44th, 43rd 1/2, 43rd, and 34 42nd 1/2 Streets; the north side of 42nd Street; the alley that runs parallel to the west 35 side of Atlantic Avenue from Cavalier Drive to 45th Street; and the north side of 36 Cavalier Drive between Holly Road and Ocean Front Avenue. 37 38 Sec. 21-354. - Permits generally. 39 40 (a) Following the designation of a residential permit parking area by the City Manager 41 or his designee, the City Treasurer or city's parking management office shall issue 42 annual residential parking permits for the area so designated. One (1) permit shall 43 be issued, upon application and payment of the prescribed fee, if applicable, for 44 each motor vehicle owned by a person residing on a street within the residential 45 permit parking area, or on a street within a residential area that is contiguous to the 46 residential permit parking area as specified in subsection (b). 47 (b) An applicant for a permit shall present his motor vehicle registration and operator's 48 license with the application. No permit shall be issued in the event either the 49 registration or operator's license shows an address not within a designated 50 residential permit parking area, unless the applicant demonstrates to the 51 satisfaction of the City Treasurer or city's parking management office that he is, in 52 fact, a resident of such area, or that he is a resident of a residential area which is 53 contiguous to a designated residential permit parking area and in which neither off- 54 street nor nonmeter-regulated on-street parking is available. Any applicant who is a 55 resident of such a contiguous residential area shall, upon receipt of a permit issued 56 hereunder, be permitted to park in the designated residential permit parking area. 57 Registered residential parking permit holders may obtain annual or temporary guest 58 passes by applying to either the city treasurer's office or the city's parking systems 59 management office. Temporary guest passes shall be issued and validated for up to 60 seventy-two (72) hours. 61 (c) Monthly business parking permits shall be issued by the city treasurer's office or the 62 city's parking systems management office to businesses licensed to operate in city 63 meter-regulated parking areas. A current valid business license must be presented 64 by the business owner or his designee to the city treasurer's office or to the city's 65 parking systems management office at the time a request is made for annual 66 business parking permits. The number of permits issued to a single business shall 67 be limited to the maximum number of employees required to work after 8:00 p.m. or, 68 in the case of a lodging facility, the number of rooms within such lodging facility that 69 do not have on-site parking, whichever is greater. Employees of businesses eligible 70 for parking permit passes under this Division may purchase employee parking 71 permit passes directly from the city treasurer's office or city's parking management 72 office after verification of employment with an eligible business. No permit, however, 73 shall be issued pursuant to this subsection for employee parking in the Cavalier 74 Shores Neighborhood. 75 (d) Permits issued pursuant to subsection (a) shall not be transferable, and may be 76 revoked in the event the City Treasurer determines that the owner of the vehicle for 77 which a permit has been issued no longer resides in the residential permit parking 78 area. Upon written notification of such revocation, the holder of the permit shall 79 surrender such permit to the City Treasurer. The willful failure to surrender such 80 permit shall be punishable by a fine in the amount of twenty-five dollars ($25.00). 81 (e) Permits issued pursuant to subsection (c) shall be transferable, and may be 82 revoked in the event the City Treasurer's office determines that the number of 83 permits exceeds the allowable number according to the criteria set forth in 84 subsection (c). 85 (f) A replacement permit shall be issued upon proof of loss, theft or damage of the 86 original permit, and payment of the replacement fee prescribed in Section 21-359. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2019. APPROVED AS TO LEGAL SUFFICIENCY: Deputy City Attorney Roderick R. Ingram City Attorney's Office CA14067 R-3 January 29, 2019 [ 4C.'''27'1%1 fgl fz 7) }fes ""- si CITY OF VIRGINIA BEACH AGENDA ITEM f ITEM: An Ordinance to Implement a Pilot Program by Amending Sections 21-353 and 21-354 of the City Code Pertaining to Residential Permit Parking in the Cavalier Shores Neighborhood MEETING DATE: February 5, 2019 • Background: This item is offered as an alternative approach to address concerns raised by the Cavalier Shores Civic League and its residents regarding on- street public parking on the 200 blocks of 43rd, 44th, and 45th streets. In 2017, the civic league requested that the City Council adopt a modified Residential Parking Permit ("RPP") Program in this area. That request was deferred three times and is also part of the February 5th Council agenda. The civic league is concerned about extended periods of high parking occupancy on these streets during both daytime and nighttime hours as a result of a nearby multi-year hotel construction project. This area is also used for parking by residents and beachgoers. • Considerations: To address the unique needs of the neighborhood during this time, a three-year pilot project could be implemented that restricts parking duration to three hours on the 200 blocks of 43rd, 44th, and 45th streets between Holly Avenue and Atlantic Avenue. Permit holders would be exempt from the restriction. Vehicles that park in excess of three hours without a permit or guest pass would be issued a citation. The 100 Block of Cavalier Shores joined the existing RPP program in the fall of 2018. • Public Information: Information regarding the new pilot project will be provided through the normal agenda process. • Alternatives: The alternatives are: (1) provide no parking management program; (2) allow the neighborhood to participate in the current RPP Program that restricts parking from 8 p.m. to 6 a.m. daily; or (3) adopt the 2017 proposal referenced above that previously was deferred by the City Council. • Recommendations: Adopt this ordinance to approve the pilot program. • Attachments: Ordinance and sign mock-up. Recommended Action: Approval Submitting Departm: + •gency: SGA/Resort Management q.ps City Manager: ``�i,� • 1 AN ORDINANCE TO IMPLEMENT A PILOT PROGRAM BY 2 AMENDING SECTIONS 21-353 AND 21-354 OF THE CITY 3 CODE PERTAINING TO RESIDENTIAL PERMIT PARKING 4 IN THE CAVALIER SHORES NEIGHBORHOOD 5 6 SECTIONS AMENDED: §§ 21-353 AND 21-354 7 8 9 WHEREAS, in 2005, the City Council established a residential parking permit 10 program to protect residents from unreasonable burdens in gaining access to their 11 residences and to protect and preserve the peace, good order, convenience and 12 character of residential neighborhoods located in close proximity to commercial areas of 13 the City; 14 15 WHEREAS, that program primarily focused on nighttime traffic congestion in public 16 streets within residential neighborhoods, but a unique situation has arisen in the Cavalier 17 Shores neighborhood as a result of a nearby multi-year hotel construction project; 18 19 WHEREAS, the City Council desires to address the unique needs of this 20 neighborhood during the time of construction by implementing a temporary pilot program 21 to address daytime parking needs of residents as well as nighttime parking concerns. 22 23 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 24 OF VIRGINIA BEACH, VIRGINIA: 25 26 That Sections 21-353 and 21-354 of the Code of the City of Virginia Beach, 27 Virginia, are hereby amended and reordained to read as follows: 28 29 DIVISION 3. - RESIDENTIAL PARKING PERMITS 30 31 . . . . 32 33 Sec. 21-353. - Parking restrictions. 34 (a) In any area designated as a residential permit parking area, it shall be unlawful for 35 any person to park or otherwise leave unattended any all-terrain vehicle, bicycle, 36 electric personal assistive mobility device, electric power-assisted bicycle, electric- 37 powered wheeled device, gas-powered wheeled device, low-speed vehicle, moped 38 or similar wheeled device on the street. 39 (b) It shall be unlawful for any person to park a motor vehicle on a public street, alley, or 40 right-of-way within any permit parking area described in this section and that is 41 conspicuously posted in accordance with this division, at any time when parking is 42 restricted by posted signage, unless such vehicle displays a current permit parking 43 decal, pass, or other valid authorization to park within such zone. 44 (b) (c) In any area designated as a residential permit parking area, with the exception of 45 areas set forth in subsection (e), if any, it shall be unlawful for any person to park any 46 motor vehicle on the street between the hours of 8:00 p.m. and 6:00 a.m. unless there 47 is affixed to the driver's side exterior surface of the windshield of such motor vehicle 48 a valid residential parking permit; provided, however, that the provisions of this 49 5051 guest pass plainly visible from the exterior of the vehicle. 52 (d) The provisions of this section shall not apply to emergency or governmental vehicles, 53 to delivery or service vehicles while engaged in such delivery or service, or to vehicles 54 displaying a valid quest pass plainly visible from the exterior of the vehicle. 55 (e) Notwithstanding the enforcement hours set forth in subsection (c) to the contrary, it 56 shall be unlawful for any person to park any motor vehicle on a street anywhere within 57 the Cavalier Shores Neighborhood for longer than a three-hour period in a day unless 58 there is affixed to the driver's side exterior surface of the windshield of such motor 59 vehicle a valid residential parking permit or a temporary quest pass as authorized by 60 subsection 21-354(b) is hanging from the rearview mirror. For purposes of this article, 61 "Cavalier Shores Neighborhood" refers to all on-street parking on the south side of 62 45th Street; the alley between 45th Street and 44th Street; both sides of 44th, 43rd 63 1/2, 43rd, and 42nd 1/2 Streets, the north side of 42nd Street; the alley that runs parallel 64 to the west side of Atlantic Avenue from Cavalier Driver to 45th Street; and the north 65 side of Cavalier Drive between Holly Road and Ocean Front Avenue. 66 67 Sec. 21-354. - Permits generally. 68 (a) Following the designation of a residential permit parking area by the City Manager or 69 his designee, the City Treasurer or city's parking management office shall issue 70 annual residential parking permits for the area so designated. One (1) permit shall be 71 issued, upon application and payment of the prescribed fee, if applicable, for each 72 motor vehicle owned by a person residing on a street within the residential permit 73 parking area, or on a street within a residential area that is contiguous to the 74 residential permit parking area as specified in subsection (b). 75 (b) An applicant for a permit shall present his motor vehicle registration and operator's 76 license with the application. No permit shall be issued in the event either the 77 registration or operator's license shows an address not within a designated residential 78 permit parking area, unless the applicant demonstrates to the satisfaction of the City 79 Treasurer or city's parking management office that he is, in fact, a resident of such 80 area, or that he is a resident of a residential area which is contiguous to a designated 81 residential permit parking area and in which neither off-street nor nonmeter-regulated 82 on-street parking is available. Any applicant who is a resident of such a contiguous 83 residential area shall, upon receipt of a permit issued hereunder, be permitted to park 84 in the designated residential permit parking area. Registered residential parking 85 permit holders may obtain annual or temporary guest passes by applying to either 86 the city treasurer's office or the city's parking systems management office. Temporary 87 guest passes shall be issued and validated for up to seventy-two (72) hours. 88 (c) Monthly business parking permits shall be issued by the city treasurer's office or the 89 city's parking systems management office to businesses licensed to operate in city 90 meter-regulated parking areas. A current valid business license must be presented 91 by the business owner or his designee to the city treasurer's office or to the city's 92 parking systems management office at the time a request is made for annual 93 business parking permits. The number of permits issued to a single business shall be 94 limited to the maximum number of employees required to work after 8:00 p.m. or, in 95 the case of a lodging facility, the number of rooms within such lodging facility that do 96 not have on-site parking, whichever is greater. Employees of businesses eligible for 97 parking permit passes under this Division may purchase employee parking permit 98 passes directly from the city treasurer's office or city's parking management office 99 after verification of employment with an eligible business. Any business that has been 100 authorized to reduce the required parking of such business shall not be eligible for 101 such monthly business parking permits. 102 (d) Permits issued pursuant to subsection (a) shall not be transferable, and may be 103 revoked in the event the City Treasurer determines that the owner of the vehicle for 104 which a permit has been issued no longer resides in the residential permit parking 105 area. Upon written notification of such revocation, the holder of the permit shall 106 surrender such permit to the City Treasurer. The willful failure to surrender such 107 permit shall be punishable by a fine in the amount of twenty-five dollars ($25.00). 108 (e) Permits issued pursuant to subsection (c) shall be transferable, and may be revoked 109 in the event the City Treasurer's office determines that the number of permits exceeds 110 the allowable number according to the criteria set forth in subsection (c). 111 (f) A replacement permit shall be issued upon proof of loss, theft or damage of the 112 original permit, and payment of the replacement fee prescribed in Section 21-359. 113 (g) Notwithstanding the provisions of subsection (c), no permit shall be issued for 114 employee parking in the Cavalier Shores Neighborhood. 115 116 BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF 117 VIRGINIA BEACH, VIRGINIA: 118 119 That the effective date of this ordinance shall be March 1, 2019, and that, absent 120 additional action by the City Council to the contrary, subsections 21-353(e) and 21-354(g) 121 shall automatically sunset and expire on March 1, 2022. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2019. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 111 / St ¶egic Growth Area Office City Attorney's Office CA14604 R-1 January 23, 2019 3HR PARKING MAX PER DAY IN ZONE ZONE IS 43RD , 44T" & 45T" STREETS PERMIT HOLDERS EXEMPT TOWING ENFORCED TOW INFO 385-3111 Fit "s,, cl• � Iii .,:,:c.„,,_,...,ti CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution of the City Of Virginia Beach, Virginia, to Provide for the Issuance and Sale of Storm Water Utility Revenue Bonds, Series 2019, in a Maximum Aggregate Principal Amount of $35,000,000, Providing for the Form, Details and Payment Thereof to Finance the Cost of Improvements to the City's Storm Water Utility System and Authorizing the Execution and Delivery of Certain Documents Related to Such Financing MEETING DATE: February 5, 2019 • Background: In accordance with the City's Capital Improvement Program, City Council periodically authorizes the issuance of storm water revenue bonds to finance certain capital improvements for the Storm Water Utility system. The Department of Finance, in conjunction with the Department of Public Works, has identified the need for such action and, with the Office of the City Attorney, has developed a financing plan that includes storm water revenue bonds to take advantage of favorable market rates. This sale will not exceed $35 million, utilizing previous Council storm water revenue bond authorizations from 2013, 2014, and 2015. • Considerations: The enclosed resolution provides for the issuance and sale of the 2019 Series of storm water revenue bonds. The resolution provides for the distribution of the Preliminary Official Statement (POS) along with other necessary actions. The resolution also amends the Agreement of Trust to provide for the 2019 series of bonds and to allow moneys held in the associated Funds and Accounts to be invested in any obligations or securities that are at the time legal investments for public funds under the Investment of Public Funds Act (Section 2.2-4500 et seq. of Virginia Code) or the Government Non-Arbitrage Investment Act (Section 2.2-4700 et seq. of Virginia Code) or any other successor provisions of law applicable to such investments. Staff in the City's Department of Public Works, who manage the Storm Water Utility Enterprise Fund, have concluded that the existing storm water rates and charges are sufficient to support the debt service costs on the 2019 bonds. The bond sale is scheduled for February 13th. The overall interest rate (true interest cost) will not exceed 4.75% per year (taking into account any original issue discount or premium); have a final maturity no later than the year 2044; and be sold at a price not less than 100% of the aggregate principal amount thereof. The results of the sale will be provided to City Council. After today's Council action no further vote of the Council will be necessary. ■ Public Information: Public information will be handled through the normal Council agenda process. Also, a Notice of Sale for the 2019 Series of bonds will be placed in The Bond Buyer. Copies of the Preliminary Official Statement, including the Notice of Sale and Continuing Disclosure Agreement; and the Agreement of Trust were distributed in City Council's electronic packet on January 25, 2019. ■ Attachments: Resolution; Draft of Fourth Supplemental Agreement of Trust; Draft Notice of Sale; Draft of Continuing Disclosure Agreement Recommended Action: Approval Submitting Dep. - m- . Agency: Department of Financed City Manager. ` I FOURTH SUPPLEMENTAL AGREEMENT OF TRUST between CITY OF VIRGINIA BEACH, VIRGINIA and U.S. BANK NATIONAL ASSOCIATION, as Trustee Dated as of February 1, 2019 TABLE OF CONTENTS ARTICLE I 2 FOURTH SUPPLEMENTAL AGREEMENT 2 Section 4.101. Authorization of Fourth Supplemental Agreement 2 Section 4.102. Definitions 2 Section 4.103. Springing Amendment to Agreement of Trust 3 Section 4.104. Reference to Articles and Sections 3 ARTICLE II 4 AUTHORIZATION, DETAILS AND FORM OF SERIES 2019 BONDS 4 Section 4.201. Authorization of Series 2019 Bonds 4 Section 4.202. Details of Series 2019 Bonds 4 Section 4.203. Form of Series 2019 Bonds 5 Section 4.204. Securities Depository Provisions 5 Section 4.205. Registrar 6 Section 4.206. Delivery of Series 2019 Bonds 6 ARTICLE III 6 REDEMPTION OF SERIES 2019 BONDS 6 Section 4.301. Redemption Dates and Prices 6 Section 4.302. Selection of Series 2019 Bonds for Redemption 7 Section 4.303. Notice of Redemption 7 ARTICLE IV 7 APPLICATION OF PROCEEDS OF SERIES 2019 BONDS 7 Section 4.401. Application of Proceeds of Series 2019 Bonds and Related Amounts 7 ARTICLE V 7 PROJECT ACCOUNT 7 Section 4.501. 2019 Project Account 7 ARTICLE VI 8 SECURITY FOR SERIES 2019 BONDS 8 Section 4.601. Security for Series 2019 Bonds 8 ARTICLE VII 8 ARBITRAGE REBATE FUND 8 Section 4.701. Rebate Requirement 8 Section 4.702. Calculation and Payment of Series 2019 Rebate Obligation 8 i Section 4.703. Reports by Trustee 9 ARTICLE VIII 9 MISCELLANEOUS 9 Section 4.801. Limitations on Use of Proceeds 9 Section 4.802. Limitation of Rights 10 Section 4.803. Severability 11 Section 4.804. Successors and Assigns 11 Section 4.805. Applicable Law 11 Section 4.806. Counterparts 11 Section 4.807. Patriot Act Disclosure 11 Exhibit A-1 Form of Series 2019 Bond ii THIS FOURTH SUPPLEMENTAL AGREEMENT OF TRUST dated as of the 1st day of February, 2019 (the "Fourth Supplemental Agreement"), by and between the City of Virginia Beach, Virginia, a political subdivision of the Commonwealth of Virginia (the "City"), and U.S. Bank National Association, Richmond, Virginia, a national banking association organized under the laws of the United States of America, with a corporate trust office in Richmond, Virginia, as successor trustee to First Union National Bank (in such capacity, together with any successor in such capacity,herein called the"Trustee"), provides: WHEREAS, the City and First Union National Bank entered into an Agreement of Trust dated as of January 1, 2000 (the "Agreement of Trust"), to provide for financing improvements and extensions to the System (as defined in the Agreement of Trust) by the issuance of bonds payable solely from Pledged Revenues (as defined in the Agreement of Trust); WHEREAS, within the limitations of and in compliance with the Agreement of Trust, pursuant to a First Supplemental Agreement of Trust dated as of January 1, 2000, the City issued an initial series of Bonds under the Agreement of Trust in the original aggregate principal amount of $10,000,000 (the "Series 2000 Bonds") to finance the costs of expansion and improvements to the System; WHEREAS, within the limitations of and in compliance with the Agreement of Trust, pursuant to a Second Supplemental Agreement of Trust dated as of November 1, 2010, the City issued additional Bonds under the Agreement of Trust in the original aggregate principal amount of $27,380,000, including the City's $2,705,000 Storm Water Utility Revenue Bonds, Series 2010A-1 (Tax-Exempt) (the "Series 2010A-1 Bonds"), its $17,295,000 Storm Water Utility Revenue Bonds, Series 2010A-2 (Taxable-Build America Bonds) (the "Series 2010A-2 Bonds" and, together with the Series 2010A-1 Bonds, the "Series 2010A Bonds"), and its $7,380,000 Storm Water Utility Refunding Revenue Bonds, Series 2010B (Tax-Exempt) (the"Series 2010B Bonds") (collectively, the "Series 2010 Bonds"), to finance and refinance the costs of improvements and expansions to the System, including the redemption of the Series 2000 Bonds, and to pay costs associated with issuing the Series 2010 Bonds; WHEREAS, within the limitations of and in compliance with the Agreement of Trust, pursuant to a Third Supplemental Agreement of Trust dated as of January 1, 2015, the City issued additional Bonds under the Agreement of Trust in the original aggregate principal amount of$23,500,000 (the "Series 2015 Bonds") to finance costs of improvements and expansions to the System and to pay costs associated with issuing the Series 2015 Bonds; WHEREAS, within the limitations of and in compliance with the Agreement of Trust, pursuant to this Fourth Supplemental Agreement the City will issue additional Bonds under the Agreement of Trust in the aggregate principal amount of $ , namely the City's $ Storm Water Utility Revenue Bonds, Series 2019 (the "Series 2019 Bonds"), to finance costs of improvements and expansions to the System and to pay costs associated with issuing the Series 2019 Bonds; WHEREAS, as evidenced by that certain Official Statement of the City dated February 13, 2019, the purchasers of the Series 2019 Bonds are deemed to have consented to the springing 1 amendment to the Agreement of Trust set forth in Section 4.103 of this Fourth Supplemental Agreement; and WHEREAS, the City has taken all necessary action to make the Series 2019 Bonds, when authenticated by the Trustee and issued by the City, valid and binding limited obligations of the City and to constitute this Fourth Supplemental Agreement a valid and binding agreement authorizing and providing for the details of the Series 2019 Bonds; NOW THEREFORE, in consideration of the premises and the mutual covenants and agreements hereinafter contained, the parties hereto agree, as follows: ARTICLE I FOURTH SUPPLEMENTAL AGREEMENT Section 4.101. Authorization of Fourth Supplemental Agreement. This Fourth Supplemental Agreement is authorized and executed by the City and delivered to the Trustee pursuant to and in accordance with Articles III and XII of the Agreement of Trust. All terms, covenants, conditions and agreements of the Agreement of Trust shall apply with full force and effect to the Series 2019 Bonds and to the holders thereof, except as otherwise provided in this Fourth Supplemental Agreement. Section 4.102. Definitions. Except as otherwise amended or defined in this Fourth Supplemental Agreement, terms defined in the Agreement of Trust are used in this Fourth Supplemental Agreement with the meanings assigned to them in the Agreement of Trust. In addition, the following words as used in this Fourth Supplemental Agreement shall have the following meanings unless a different meaning clearly appears from the context: "2019 Project" shall mean improvements to and expansions of the System financed with the proceeds of the Series 2019 Bonds. "Fourth Supplemental Agreement" shall mean this Fourth Supplemental Agreement of Trust between the City and the Trustee, which further supplements and amends the Agreement of Trust, as amended. "Letter of Representations" shall mean the Blanket Letter of Representations dated June 17, 1996, from the City to the Securities Depository and any amendments thereto or successor agreements between the City and any successor Securities Depository, relating to a book-entry system to be maintained by the Securities Depository with respect to the Bonds. Notwithstanding any provision of the Agreement of Trust, including Article XII regarding amendments, the Trustee may enter into any such amendment or successor agreement without the consent of Bondholders. "Rebate Amount Certificate" shall have the meaning set forth in Section 4.702. 2 "Registrar" shall mean U.S. Bank National Association, or any successors serving as such hereunder. "Securities Depository" shall mean The Depository Trust Company, a corporation organized and existing under the laws of the State of New York, and any other securities depository for the Series 2019 Bonds appointed pursuant to Section 4.204, and their successors. "Series 2010 Bonds" shall mean, collectively, the City's currently outstanding (i) Storm Water Utility Revenue Bonds, Series 2010A-1 (Tax-Exempt), (ii) Storm Water Utility Revenue Bonds, Series 2010A-2 (Taxable-Build America Bonds), and (iii) Storm Water Utility Refunding Revenue Bonds, Series 2010B (Tax-Exempt). "Series 2015 Bonds" shall mean the City's currently outstanding Storm Water Utility Revenue Bonds, Series 2015. "Series 2019 Bonds" shall mean the City's $ Storm Water Utility Revenue Bonds, Series 2019 authorized to be issued pursuant to this Fourth Supplemental Agreement. Section 4.103. Springing Amendment to Agreement of Trust. The terms of the Agreement of Trust shall be amended as follows: (a) Upon Effective Date (as defined below), the following paragraph shall be added immediately following Section 702(i) of the Agreement of Trust: "Notwithstanding anything to the contrary in the foregoing, moneys held in the Funds and Accounts may be invested in any obligations or securities that are at the time legal investments for public funds under the Investment of Public Funds Act (Section 2.2-4500 et seq. of Virginia Code) or the Government Non- Arbitrage Investment Act(Section 2.2-4700 et seq. of Virginia Code) or any other successor provisions of law applicable to such investments." (b) As used above, "Effective Date"means the earlier of the date on which(a) the Series 2010 Bonds and the Series 2015 Bonds are no longer outstanding, or(b) the holders of a majority in outstanding principal amount of all Bonds secured by the Agreement of Trust have consented to the amendment set forth in this Section 4.103. Section 4.104. Reference to Articles and Sections. Unless otherwise indicated, all references herein to particular articles or sections are references to articles or sections of this Fourth Supplemental Agreement. 3 ARTICLE II AUTHORIZATION, DETAILS AND FORM OF SERIES 2019 BONDS Section 4.201. Authorization of Series 2019 Bonds. There are hereby authorized to be issued the Series 2019 Bonds in the aggregate principal amount of$ to finance the Cost of the 2019 Project, which is hereby authorized. The Series 2019 Bonds shall be issued pursuant to the Agreement of Trust and this Fourth Supplemental Agreement. Section 4.202. Details of Series 2019 Bonds. The Series 2019 Bonds shall be designated "Storm Water Utility Revenue Bonds, Series 2019" shall be dated the date of their issuance and delivery, shall be issuable only as fully registered bonds in denominations of$5,000 and multiples thereof, shall be numbered R(2019)-1 upward and shall bear interest at the rates, payable semiannually on May 15 and November 15, beginning May 15, 2019, until their final payment or maturity, and shall mature on November 15 in the years and the amounts, set forth as follows: Maturity Principal Interest Maturity Principal Interest (Nov. 15) Amount Rate (Nov. 15) Amount Rate 2019 2032 2020 2033 2021 2034 2022 2035 2023 2036 2024 2037 2025 2038 2026 2039 2027 2040 2028 2041 2029 2042 2030 2043 2031 Each Series 2019 Bond shall bear interest (a) from its date, if such Series 2019 Bond is authenticated prior to the first interest payment date, or (b) otherwise from the interest payment date that is, or immediately precedes, the date on which such Series 2019 Bond is authenticated; provided, however, that if at the time of authentication of any Series 2019 Bond payment of interest is in default, such Series 2019 Bond shall bear interest from the date to which interest has been paid. Principal of and premium, if any, on the Series 2019 Bonds shall be payable to the registered owners upon the surrender of Series 2019 Bonds at the office of the Registrar. Interest on the Series 2019 Bonds shall be payable by check or draft mailed to the registered owners at their addresses as they appear on the fifteenth day preceding the interest payment date on the 4 registration books kept by the Registrar; provided, however, if the Series 2019 Bonds are registered in the name of a Securities Depository or its nominee as registered owner or at the option of a registered owner of at least $1,000,000 of Series 2019 Bonds, payment shall be made by wire transfer pursuant to the wire instructions received by the Registrar from such registered owner. Principal, premium, if any, and interest shall be payable in lawful money of the United States of America. Section 4.203. Form of Series 2019 Bonds. The Series 2019 Bonds shall be in substantially the forms set forth in Exhibit A, with such appropriate variations, omissions and insertions as are permitted or required by the Agreement of Trust and this Fourth Supplemental Agreement. Section 4.204. Securities Depository Provisions. Initially, one Series 2019 Bond certificate for each maturity of the Series 2019 Bonds will be issued and registered to the Securities Depository, or its nominee. The City has entered into a Letter of Representations relating to a book-entry system to be maintained by the Securities Depository with respect to the Series 2019 Bonds. In the event that (a) the Securities Depository determines not to continue to act as a securities depository for the Series 2019 Bonds by giving notice to the Registrar and the City discharging its responsibilities hereunder or (b) the City in its sole discretion determines (1) that beneficial owners of Series 2019 Bonds shall be able to obtain certificated Series 2019 Bonds or (2) to select a new Securities Depository, then the City shall attempt to locate another qualified securities depository to serve as Securities Depository or authenticate and deliver certificated Series 2019 Bonds to the beneficial owners or to the Securities Depository participants on behalf of beneficial owners substantially in the forms provided for in Exhibit A;provided, however,that such form shall provide for interest on the Series 2019 Bonds to be payable (i) from its date, if it is authenticated prior to May 15, 2019, or(ii) otherwise from the May 15 or November 15 that is, or immediately precedes, the date on which it is authenticated (unless payment of interest thereon is in default, in which case interest on such Series 2019 Bonds shall be payable from the date to which interest has been paid). In delivering certificated Series 2019 Bonds, the Registrar shall be entitled to rely conclusively on the records of the Securities Depository as to the beneficial owners or the records of the Securities Depository participants acting on behalf of beneficial owners. Such certificated Series 2019 Bonds will be registrable, transferable and exchangeable as set forth in Section 204 of the Agreement of Trust. So long as there is a Securities Depository for the Series 2019 Bonds(A) it or its nominee shall be the registered owner of the Series 2019 Bonds, (B) notwithstanding anything to the contrary in this Fourth Supplemental Agreement, determinations of persons entitled to payment of principal, premium, if any, and interest, transfers of ownership and exchanges, and receipt of notices shall be the responsibility of the Securities Depository and shall be effected pursuant to rules and procedures established by such Securities Depository, (C) the City and the Registrar shall not be responsible or liable for maintaining, supervising or reviewing the records maintained by the Securities Depository, its participants or persons acting through such 5 participants, (D) references in this Fourth Supplemental Agreement to registered owners of the Series 2019 Bonds shall mean such Securities Depository or its nominee and shall not mean the beneficial owners of the Series 2019 Bonds and (E) in the event of any inconsistency between the provisions of this Fourth Supplemental Agreement, other than those set forth in this paragraph and the preceding paragraph, and the provisions of the Letter of Representations, such provisions of the Letter of Representations shall control. Section 4.205. Registrar. The selection of U.S. Bank National Association as Registrar is approved. Section 4.206. Delivery of Series 2019 Bonds. The Registrar shall authenticate and deliver the Series 2019 Bonds when there shall have been delivered to the Registrar a Request for Authentication stating that there have been filed with or delivered to the City Clerk all items required by Section 304 of the Agreement of Trust. ARTICLE III REDEMPTION OF SERIES 2019 BONDS Section 4.301. Redemption Dates and Prices. The Series 2019 Bonds may not be called for redemption by the City except as provided below: (a) Optional Redemption. Series 2019 Bonds maturing on or before November 15, 2028, are not subject to optional redemption prior to their stated maturities. Series 2019 Bonds that mature on or after November 15, 2029, will be subject to redemption at the option of the City on or after November 15, 2028, in whole or in part at any time(in any multiple of$5,000), without premium, upon payment of the principal amount of the Series 2019 Bonds so redeemed plus interest accrued to the redemption date. (b) [Mandatory Redemption. The Series 2019 Bonds maturing on November 15, 20 , are subject to mandatory sinking fund redemption prior to maturity in the years and amounts set forth below upon payment of 100% of the principal amount to be redeemed plus interest accrued to the redemption date: Year Amount * *final maturity The amount of Series 2019 Bonds to be redeemed pursuant to this subsection may be reduced in accordance with the provisions of Section 605 of the Agreement of Trust.] 6 Section 4.302. Selection of Series 2019 Bonds for Redemption. If less than all of the Series 2019 Bonds are called for redemption, the Series 2019 Bonds to be redeemed shall be selected by the City's Director of Finance in such a manner as he or she may determine to be in the best interest of the City. If less than all of the Series 2019 Bonds of a particular maturity are called for redemption, the bonds to be redeemed shall be selected by DTC or any successor securities depository pursuant to its rules and procedures or, if the book-entry system is discontinued, by the Registrar by lot in such manner as the Registrar in its discretion may determine. The portion of any Series 2019 Bond to be redeemed shall be in a minimum principal amount of$5,000 or some multiple thereof. In selecting Series 2019 Bonds for redemption, each Series 2019 Bond shall be considered as representing that number of Series 2019 Bonds which is obtained by dividing the principal amount of such Series 2019 Bond by $5,000. If a portion of a Series 2019 Bond shall be called for redemption, a new Series 2019 Bond in principal amount equal to the unredeemed portion thereof shall be issued to the registered owner upon the surrender thereof. Section 4.303. Notice of Redemption. Notice of redemption of Series 2019 Bonds shall be given in the manner set forth in Section 402 of the Agreement of Trust. ARTICLE IV APPLICATION OF PROCEEDS OF SERIES 2019 BONDS Section 4.401. Application of Proceeds of Series 2019 Bonds and Related Amounts. Proceeds of the Series 2019 Bonds in the amount of $ (consisting of the principal amount of $ , [plus] [net] original issue [premium] of $ minus an underwriting discount of $ ), including the $ good faith deposit received by the City on February 13, 2019 and the $ in proceeds received by the City on February [27], 2019, shall be deposited in the Series 2019 Project Account in the Construction Fund to be used to pay the Cost of the Project. The City shall deposit its own cash (not proceeds of the Series 2019 Bonds) in the amount of$ into the Debt Service Reserve Fund. ARTICLE V PROJECT ACCOUNT Section 4.501. 2019 Project Account. There shall be established within the Construction Fund a special account entitled "2019 Project Account." Portions of the proceeds of the Series 2019 Bonds specified in Section 4.401 7 above shall be deposited in the 2019 Project Account. Money in the 2019 Project Account shall be used to pay Costs of the 2019 Project and costs of issuance of the Series 2019 Bonds, as evidenced by the requisitions provided in accordance with the provisions of the Agreement of Trust. Any balance remaining in the 2019 Project Account upon completion of the 2019 Project shall be disposed of in accordance with the provisions of Section 504 of the Agreement of Trust. ARTICLE VI SECURITY FOR SERIES 2019 BONDS Section 4.601. Security for Series 2019 Bonds. The Series 2019 Bonds shall be equally and ratably secured under the Agreement of Trust with the Outstanding Bonds of any other series issued pursuant to Article III of the Agreement of Trust, without preference, priority or distinction of any Bonds over any other Bonds, as provided in the Agreement of Trust, other than any Subordinate Debt. ARTICLE VII ARBITRAGE REBATE FUND Section 4.701. Rebate Requirement. Except with respect to earnings on funds and accounts qualifying for exceptions to the rebate requirement of Section 148 of the Code, the City shall pay the rebate obligations under the Code (the "Rebate Amount") to the United States of America, as and when due, in accordance with Section 148(f) of the Code, as provided in this Article, and shall retain records of all such determinations until six years after final payment of the Series 2019 Bonds. Section 4.702. Calculation and Payment of Series 2019 Rebate Obligation. (a) The City selects November 15 as the end of the bond year with respect to the Series 2019 Bonds pursuant to Treasury Regulations Section 1.148-1. (b) Within 30 days after the initial installment computation date, which is the last day of the fifth bond year (November 15, 2024), unless such date is changed by the City prior to the date that any amount with respect to the Series 2019 Bonds is paid or required to be paid to the United States of America as required by Section 148 of the Code, and at least once every five years thereafter, the City shall cause the Rebate Amount to be computed. Prior to any payment of the Rebate Amount to the United States of America as required by Section 148 of the Code, such computation (the "Rebate Amount Certificate") setting forth the Rebate Amount shall be prepared or approved by (1) a person with experience in matters of governmental accounting for Federal income tax purposes, (2) a bona fide arbitrage rebate calculation reporting service or (3) Bond Counsel. A copy of each such Rebate Amount Certificate shall be filed in the records of the City and with the Trustee. (c) No later than 60 days after the initial installment computation date, the City shall pay to the United States of America at least 90% of the Rebate Amount as set forth in 8 the Rebate Amount Certificate prepared with respect to such installment computation date. At least once on or before 60 days after the installment computation date that is the fifth anniversary of the initial installment computation date and on or before 60 days every fifth anniversary date thereafter until final payment of the Series 2019 Bonds, the City shall pay to the United States of America not less than the amount, if any, by which 90% of the Rebate Amount set forth in the most recent Rebate Amount Certificate exceeds the aggregate of all such payments theretofore made to the United States of America pursuant to this Section. On or before 60 days after final payment of the Series 2019 Bonds, the City shall pay to the United States of America the amount, if any, by which 100% of the Rebate Amount set forth in the Rebate Amount Certificate with respect to the date of final payment of the Series 2019 Bonds exceeds the aggregate of all payments theretofore made pursuant to this Section. All such payments shall be made from any legally available moneys of the City. (d) Notwithstanding any provision of this Article to the contrary, no such calculation or payment shall be made if the City receives and delivers to the Trustee an opinion of Bond Counsel to the effect that (1) such payment is not required under the Code in order to prevent the Series 2019 Bonds from becoming "arbitrage bonds" within the meaning of Section 148 of the Code or (2) such payment should be calculated and paid on some alternative basis under the Code, and the City complies with such alternative basis. Section 4.703. Reports by Trustee. The Trustee shall provide the City within 10 days after each November 15 and within 10 days after the final payment of the Series 2019 Bonds with such reports and information with respect to earnings of amounts held by it under the Agreement of Trust and this Fourth Supplemental Agreement as may be requested by the City in order to comply with the provisions of this Article. ARTICLE VIII MISCELLANEOUS Section 4.801. Limitations on Use of Proceeds. The City covenants with the holders of the Series 2019 Bonds as follows: (a) The Series 2019 Bonds, together with the Series 2015 Bonds and the Series 2010 Bonds, are the only Bonds that will be outstanding immediately following the issuance of the Series 2019 Bonds. There are no Parity Double Barrel Bonds, Prior Bonds, Subordinate Double Barrel Bonds or Subordinated Debt outstanding. (b) The City shall not take or omit to take any action or approve the Trustee's taking any action or making any investment or use of the proceeds of any Series 2019 Bonds (including failure to spend the same with due diligence) the taking or omission of which would cause the Series 2019 Bonds, the Series 2015 Bonds or the Series 2010 Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Code, including participating in any issue of obligations that would cause the Series 2019 Bonds, the Series 2015 Bonds or the Series 2010 9 Bonds to be part of an "issue" of obligations that are arbitrage bonds, within the meaning of Treasury Regulations Section 1.148-10 or successor regulation, or otherwise cause interest on the Series 2019 Bonds or the Series 2010 Bonds to be includable in the gross income of the registered owners under existing law. Without limiting the generality of the foregoing, the City shall comply with any provision of law that may require the City at any time to rebate to the United States of America any part of the earnings derived from the investment of gross proceeds of the Series 2019 Bonds. (b) Barring unforeseen circumstances, the City shall not approve the use of the proceeds from the sale of any Series 2019 Bonds otherwise than in accordance with the City's "non-arbitrage" certificate delivered immediately prior to the issuance of the Series 2019 Bonds. (c) The City shall not permit the proceeds of the Series 2019 Bonds to be used in any manner that would result in either (1) 5% or more of such proceeds or the facilities being financed or refinanced with such proceeds being considered as having been used in any trade or business carried on by any person other than a governmental unit as provided in Section 141(b) of the Code, (2) 5% or more of such proceeds or the facilities being financed or refinanced with such proceeds being used with respect to any "output facility" (other than a facility for the furnishing of water) within the meaning of Section 141(b)(4) of the Code, or (3) 5% or more of such proceeds or the facilities being financed or refinanced with such proceeds being considered as having been used directly or indirectly to make or finance loans to any person other than a governmental unit, as provided in Section 141(c) of the Code. (d) The City shall not take any other action that would adversely affect, and shall take all action within its power necessary to maintain, the exclusion of interest on all Series 2019 Bonds from gross income for Federal income taxation purposes; provided, however, that if the City receives an opinion of Bond Counsel that compliance with any such covenant is not required to prevent the interest on the Series 2019 Bonds from being includable in the gross income of the registered owners thereof under existing law, the City need not comply with such restriction. Section 4.802. Limitation of Rights. With the exception of rights herein expressly conferred, nothing expressed or mentioned in or to be implied from this Fourth Supplemental Agreement or the Series 2019 Bonds is intended or shall be construed to give to any person other than the parties hereto and the holders of Series 2019 Bonds any legal or equitable right, remedy or claim under or in respect to this Fourth Supplemental Agreement or any covenants, conditions and agreements herein contained since this Fourth Supplemental Agreement and all of the covenants, conditions and agreements hereof are intended to be and are for the sole and exclusive benefit of the parties hereto and the holders of Series 2019 Bonds as herein provided. 10 Section 4.803. Severability. If any provision of this Fourth Supplemental Agreement shall be held invalid by any court of competent jurisdiction, such holding shall not invalidate any other provision hereof and this Fourth Supplemental Agreement shall be construed and enforced as if such illegal provision had not been contained herein. Section 4.804. Successors and Assigns. This Fourth Supplemental Agreement shall be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and assigns. Section 4.805. Applicable Law. This Fourth Supplemental Agreement shall be governed by the applicable laws of the Commonwealth of Virginia. Section 4.806. Counterparts. This Fourth Supplemental Agreement may be executed in several counterparts, each of which shall be an original and all of which together shall constitute but one and the same instrument. Section 4.807. Patriot Act Disclosure. To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify and record information that identifies each person who opens an account. For a non-individual person such as a business entity, a charity, a trust or other legal entity, the Trustee will ask for documentation to verify its formation and existence as a legal entity. The Trustee may also ask to see financial statements, licenses, identification, and authorization documents from individuals claiming authority to represent the entity or other relevant documentation. [Signature Page Follows] 11 IN WITNESS WHEREOF, the City and the Trustee have caused this Fourth Supplemental Agreement to be executed in their respective corporate names as of the date first above written. CITY OF VIRGINIA BEACH,VIRGINIA By: City Manager U.S. BANK NATIONAL ASSOCIATION, as successor Trustee By: Authorized Officer S-1 EXHIBIT A Unless this certificate is presented by an authorized representative of The Depository Trust Company, a New York corporation("DTC"), to the issuer or its agent for registration of transfer, exchange, or payment, and any certificate is registered in the name of Cede & Co., or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede& Co. or to such other entity as is requested by an authorized representative of DTC),ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. REGISTERED REGISTERED R(2019)- $ UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, VIRGINIA Storm Water Utility Revenue Bond Series 2019 Interest Rate Maturity Date Dated Date CUSIP November 15, 20 February [27], 2019 REGISTERED OWNER: CEDE& CO. PRINCIPAL AMOUNT: The City of Virginia Beach, Virginia(the "City"), for value received, hereby promises to pay upon surrender hereof solely from the source and as hereinafter provided, to the registered owner hereof, or registered assigns or legal representative, the principal sum stated above on the maturity date stated above, subject to prior redemption as hereinafter provided, and to pay, solely from such source, interest hereon semiannually on each May 15 and November 15, beginning May 15, 2019, at the annual rate stated above, calculated on the basis of a 360-day year of twelve 30-day months. Interest is payable (a) from the dated date stated above, if this bond is authenticated prior to May 15, 2019, or (b) otherwise from the May 15 or November 15 that is, or immediately precedes, the date on which this bond is authenticated (unless payment of interest hereon is in default, in which case this bond shall bear interest from the date to which interest has been paid). Interest is payable by check or draft mailed to the registered owner hereof at its address as it appears on the fifteenth day preceding each interest payment date on registration books kept by U.S. Bank National Association, which has been appointed paying agent and registrar (the "Registrar"); provided, however, that if the Bonds, as hereinafter defined, are registered in the name of a securities depository or its nominee as registered owner or at the A-1 option of a registered owner of at least $1,000,000 of Bonds, payment will be made by wire transfer pursuant to the most recent wire instructions received by the Registrar from such registered owner. Principal, premium, if any, and interest are payable in lawful money of the United States of America. Notwithstanding any other provision hereof, this bond is subject to book-entry form maintained by DTC, and the payment of principal, premium, if any, and interest, the providing of notices and other matters shall be made as described in the City's Letter of Representations to DTC. This bond is one of an issue of $ Storm Water Utility Revenue Bonds, Series 2019 (the "Bonds"), of like date and tenor, except as to number, denomination, rate of interest, privilege of redemption and maturity. The Bonds are issued under an Agreement of Trust dated as of January 1, 2000, between the City and U.S. Bank National Association, as successor trustee (the "Trustee"), as supplemented by a First Supplemental Agreement of Trust dated as of January 1, 2000, as further supplemented by a Second Supplemental Agreement of Trust dated as of November 1, 2010, as further supplemented by a Third Supplemental Agreement of Trust dated as of November 1, 2015, and as further supplemented by a Fourth Supplemental Agreement dated as of February 1, 2019 (collectively, the "Agreement of Trust"), and are equally and ratably secured on a parity as to the pledge of Pledged Revenues (as defined in the Agreement of Trust) with the Parity Obligations (as defined in the Agreement of Trust). Reference is hereby made to the Agreement of Trust for a description of the provisions, among others, with respect to the nature and extent of the security, the rights, duties and obligations of the City and the Trustee, the rights of the holders of the Bonds and the terms upon which the Bonds are issued and secured. Additional bonds secured by a pledge of Pledged Revenues on a parity with the Bonds and the Parity Bonds may be issued under the terms and conditions set forth in the Agreement of Trust. Subordinated Debt, as defined in the Agreement of Trust, may be issued under the terms and conditions set forth in the Agreement of Trust. The Bonds and the premium, if any, and the interest thereon are limited obligations of the City payable solely from Pledged Revenues, except to the extent payable from the proceeds of the Bonds, income from investments, certain reserves and proceeds of insurance, which Pledged Revenues and other moneys have been pledged as described in the Agreement of Trust to secure payment thereof. The Bonds and the premium, if any, and the interest thereon shall not be deemed to constitute a pledge of the faith and credit of the Commonwealth of Virginia or any political subdivision thereof, including the City. Neither the Commonwealth of Virginia nor any political subdivision thereof, including the City, shall be obligated to pay the principal of or premium, if any, or interest on the Bonds or other costs incident thereto except from Pledged Revenues and other moneys pledged therefor, and neither the faith and credit nor the taxing, power of the Commonwealth of Virginia or any political subdivision thereof, including the City, is pledged to the payment of the principal of or premium, if any, or interest on the Bonds or other costs incident thereto. The Bonds may not be called for redemption by the City except as provided herein and in the Agreement of Trust. Bonds maturing on or before November 15, 2028, are not subject to optional redemption prior to their stated maturities. Bonds that mature on or after November 15, A-2 2029, will be subject to redemption at the option of the City beginning on November 15, 2028, in whole or in part at any time (in any multiple of$5,000), without premium, upon payment of the principal amount of the Bonds so redeemed plus interest accrued to the redemption date. [The Bonds maturing on November 15, 20 , are subject to mandatory sinking fund redemption prior to maturity in the years and amounts set forth below upon payment of 100% of the principal amount to be redeemed plus interest accrued to the redemption date: Year Amount * *final maturity] If less than all the Bonds are called for redemption, they shall be redeemed from maturities in such order as determined by the City. If less than all of the Bonds of any maturity are called for redemption, the Bonds to be redeemed shall be selected by DTC or any successor securities depository pursuant to its rules and procedures or, if the book-entry system is discontinued, shall be selected by the Registrar by lot in such manner as the Registrar in its discretion may determine. The portion of any Bond to be redeemed shall be in the principal amount of$5,000 or some multiple thereof. In selecting Bonds for redemption, each Bond shall be considered as representing that number of Bonds which is obtained by dividing the principal amount of such Bond by$5,000. If any of the Bonds or portions thereof are called for redemption, the Registrar shall send notice of the call for redemption, identifying the Bonds or portions thereof to be redeemed, not less than 30 nor more than 60 days prior to the redemption date, by facsimile, registered or certified mail or overnight express delivery, to the registered owner of the Bonds. Provided funds for their redemption are on deposit at the place of payment on the redemption date, all Bonds or portions thereof so called for redemption shall cease to bear interest on such date, shall no longer be secured by the Agreement of Trust and shall not be deemed to be Outstanding under the provisions of the Agreement of Trust. If a portion of this bond shall be called for redemption, a new Bond in principal amount equal to the unredeemed portion hereof will be issued to DTC or its nominee upon the surrender hereof, or if the book-entry system is discontinued, to the registered owners of the Bonds. The registered owner of this bond shall have no right to enforce the provisions of the Agreement of Trust or to institute action to enforce the covenants therein or to take any action with respect to any Event of Default under the Agreement of Trust or to institute, appear in or defend any suit or other proceedings with respect thereto, except as provided in the Agreement of Trust. Modifications or alterations of the Agreement of Trust, or of any supplement thereto, may be made only to the extent and in the circumstances permitted by the Agreement of Trust. The Bonds are issuable as registered bonds in the denomination of$5,000 and multiples thereof. Upon surrender for transfer or exchange of this bond at the office of the Registrar, together with an assignment duly executed by the registered owner or its duly authorized attorney or legal representative in such form as shall be satisfactory to the Registrar, the City A-3 shall execute, and the Registrar shall authenticate and deliver in exchange, a new Bond or Bonds in the manner and subject to the limitations and conditions provided in the Agreement of Trust, having an equal aggregate principal amount, in authorized denominations, of the same series, form and maturity, bearing interest at the same rate and registered in the name or names as requested by the then registered owner hereof or its duly authorized attorney or legal representative. Any such exchange shall be at the expense of the City, except that the Registrar may charge the person requesting such exchange the amount of any tax or other governmental charge required to be paid with respect thereto. The Registrar shall treat the registered owner as the person exclusively entitled to payment of principal, premium, if any, and interest and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person shown as owner on the fifteenth day preceding each interest payment date. All acts, conditions and things required to happen, exist or be performed precedent to and in the issuance of this bond have happened, exist and have been performed. This bond shall not become obligatory for any purpose or be entitled to any security or benefit under the Agreement of Trust or be valid until the Registrar shall have executed the Certificate of Authentication appearing hereon and inserted the date of authentication hereon. [Signature Page Follows] A-4 IN WITNESS WHEREOF, the City of Virginia Beach, Virginia, has caused this bond to be signed by its Mayor, to be countersigned by its Clerk, its seal to be affixed hereto, and this bond to be dated the dated date stated above. COUNTERSIGNED: (SEAL) Clerk, City of Virginia Beach, Virginia Mayor, City of Virginia Beach, Virginia CERTIFICATE OF AUTHENTICATION Date Authenticated: February [27], 2019 This bond is one of the Bonds described in the within mentioned Agreement of Trust. U.S. BANK NATIONAL ASSOCIATION, as Registrar By: Authorized Officer A-5 ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sell(s), assign(s) and transfer(s) unto (please print or typewrite name and address, including zip code, of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF TRANSFEREE the within Bond and all rights thereunder,hereby irrevocably constituting and appointing , Attorney, to transfer said Bond on the books kept for the registration thereof, with full power of substitution in the premises. • Dated: Signature Guaranteed NOTICE: Signature(s) must be guaranteed (Signature of Registered Owner) by an Eligible Guarantor Institution such as a Commercial Bank, Trust Company, NOTICE: The signature above must Securities Broker/Dealer, Credit Union, or correspond with the name of the registered Savings Association who is a member of a owner as it appears on the front of this bond medallion program approved by The in every particular, without alteration or Securities Transfer Association, Inc. enlargement or any change whatsoever. 45084835.v3 A-6 SUMMARY NOTICE OF SALE $ * CITY OF VIRGINIA BEACH,VIRGINIA STORM WATER UTILITY REVENUE BONDS, SERIES 2019 Electronic bids only via PARITY will be received by the City of Virginia Beach, Virginia(the "City"), in accordance with the Official Notice of Sale,until 10:30 a.m.,Eastern Time,on Wednesday,February 13,2019 at the Office of the City Manager, Virginia Beach Municipal Center, City Hall Building, Virginia Beach, Virginia 23456,for the purchase of all,and not less than all,of$ *aggregate principal amount of the City of Virginia Beach, Virginia, Storm Water Utility Revenue Bonds, Series 2019(the"Bonds")to be issued for the benefit of the City of Virginia Beach,Virginia(the"City"). The Bonds will be dated the date of delivery(anticipated on February 27,2019)and,subject to redemption as described below,will mature on November 15 in each of the years as described in the Official Notice of Sale,in annual installments. Term bonds,if any, specified by the successful bidder shall be subject to mandatory sinking fund redemption at par. Bonds maturing on or before November 15, 2028 will not be subject to optional redemption prior to maturity. Bonds maturing on and after November 15,2029 will be subject to optional redemption prior to maturity at the direction of the City on and after November 15,2028. Interest will be payable semi-annually on each May 15 and November 15, beginning May 15, 2019. The Bonds will be issued by means of a book-entry system with no distribution of physical bond certificates made to the public. The approving legal opinion of Butler Snow LLP,a Professional Corporation,Richmond,Virginia, with respect to the Bonds will be furnished to the successful bidder at the expense of the City. The legal opinion will state that the Bonds are limited obligations of the City payable from certain revenue,and do not create or constitute a debt or pledge of the faith and credit of the Commonwealth of Virginia or any political subdivision thereof,including the City. . The Bonds will be awarded based on the lowest "true" interest cost, as detailed in the Official Notice of Sale. Bidders may obtain the Preliminary Official Statement electronically at www.munios.com. Printed information,including the Official Notice of Sale,the Official Bid Form,and the Preliminary Official Statement,may be obtained upon request from the City's financial advisor,Public Resources Advisory Group (telephone:212-566-7800). VIRGINIA BEACH,VIRGINIA DAVID L. HANSEN City Manager * Subject to adjustment in accordance with the Official Notice of Sale. CONTINUING DISCLOSURE AGREEMENT This CONTINUING DISCLOSURE AGREEMENT dated as of February 1, 2019 (the "Disclosure Agreement"), is executed and delivered by the City of Virginia Beach, Virginia (the "City"), in connection with the issuance by the City of its $ Storm Water Utility Revenue Bonds, Series 2019 (the"Bonds"). The City hereby covenants and agrees as follows: Section 1. Purpose. This Disclosure Agreement is being executed and delivered by the City for the benefit of the holders of the Bonds and in order to assist the original purchasers of the Bonds in complying with the provisions of Section (b)(5)(i) of Rule 15c2-12, as amended (the "Rule"), promulgated by the Securities and Exchange Commission (the "SEC") by providing certain annual financial information and event notices required by the Rule (collectively, the "Continuing Disclosure"). Section 2. Annual Disclosure. (a) The City shall provide annually certain financial information and operating data in accordance with the provisions of Section(b)(5)(i)of the Rule as follows: (i) audited financial statements of the City's storm water enterprise fund, prepared in accordance with generally accepted accounting principles; and (ii) operating data with respect to the City's storm water disposal system of the type described in the City's Official Statement dated February 13, 2019, under the captions "Storm Water Utility Fees" and"Calculation of Revenue Covenant." If the financial statements filed pursuant to Section 2(a)(i) are not audited, the City shall file such statements as audited when available. (b) The City shall file annually with the Municipal Securities Rulemaking Board (the "MSRB") the financial information and operating data described in subsection (a) above (collectively, the "Annual Disclosure") within 180 days after the end of the City's fiscal year, commencing with the City's fiscal year ending June 30, 2019. (c) Any Annual Disclosure may be included by specific reference to other documents previously provided to the MSRB or filed with the SEC; provided, however, that any final official statement incorporated by reference must be available from the MSRB. (d) The City shall file with the MSRB in a timely manner notice specifying any failure of the City to provide the Annual Disclosure by the date specified. Section 3. Event Disclosure. The City shall file with the MSRB in a timely manner not in excess of ten (10) business days after the occurrence of the event, notice of the occurrence of any of the following events with respect to the Bonds: (a) principal and interest payment delinquencies; (b) non-payment related defaults, if material; (c) unscheduled draws on debt service reserves reflecting financial difficulties; (d) unscheduled draws on any credit enhancement reflecting financial difficulties; (e) substitution of credit or liquidity providers, or their failure to perform; (f) adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB) or other material notices or determinations with respect to the tax status of the Bonds, or other material events affecting the tax status of the Bonds; (g) modifications to rights of Bondholders, if material; (h) bond calls, if material, and tender offers; (i) defeasance of all or any portion of the Bonds; (j) release, substitution, or sale of property securing repayment of the Bonds, if material; (k) rating changes; (1) bankruptcy, insolvency, receivership or similar event of the City; (m) the consummation of a merger, consolidation, or acquisition involving the City or the sale of all or substantially all of the assets of the City, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; (n) appointment of a successor or additional trustee or the change of name of a trustee, if material; (o) incurrence of a financial obligation of the City, if material, or agreement to covenants, events of default, remedies, priority rights, or other similar terms of a financial obligation of the City, any of which affect security holders, if material; and (p) default, event of acceleration, termination event, modification of terms, or other similar events under the terms of the financial obligation of the City, any of which reflect financial difficulties. The term "financial obligation" means a (i) debt obligation; (ii) derivative instrument entered into in connection with, or pledged as security or source of payment for, an existing or planned debt obligation; or (iii) guarantee of(i) or (ii). The term "financial obligation" shall not include municipal securities as to which a final official statement has been provided to the MSRB consistent with the Rule. Section 4. Termination. The obligations of the City hereunder will terminate upon the redemption, defeasance (within the meaning of the Rule) or payment in full of all the Bonds. 2 Section 5. Amendment. The City may modify its obligations hereunder without the consent of Bondholders, provided that this Disclosure Agreement as so modified complies with the Rule as it exists at the time of modification. The City shall within a reasonable time thereafter file with the MSRB a description of such modification(s). Section 6. Defaults. (a) If the City fails to comply with any covenant or obligation regarding Continuing Disclosure specified in this Disclosure Agreement, any holder (within the meaning of the Rule) or beneficial holder of Bonds then outstanding may, by notice to the City, proceed to protect and enforce its rights and the rights of the holders by an action for specific performance of the City's covenant to provide the Continuing Disclosure. (b) Notwithstanding anything herein to the contrary, any failure of the City to comply with any obligation regarding Continuing Disclosure specified in this Disclosure Agreement (i) shall not be deemed to constitute an event of default under the Bonds or the resolution providing for the issuance of the Bonds and (ii) shall not give rise to any right or remedy other than that described in Section 6(a) above. Section 7. Filing Method. Any filing required hereunder shall be made by transmitting such disclosure, notice or other information in electronic format to the MSRB through the MSRB's Electronic Municipal Market Access (EMMA) system pursuant to procedures promulgated by the MSRB. Section 8. Additional Disclosure. The City may from time to time disclose certain information and data in addition to the Continuing Disclosure. Notwithstanding anything herein to the contrary, the City shall not incur any obligation to continue to provide, or to update, such additional information or data. Section 9. Counterparts. This Disclosure Agreement may be executed in several counterparts each of which shall be an original and all of which shall constitute but one and the same instrument. Section 10. Governing Law. This Disclosure Agreement shall be construed and enforced in accordance with the laws of the Commonwealth of Virginia. CITY OF VIRGINIA BEACH,VIRGINIA By: City Manager 3 ... , l 1., -3, is, CITY OF VIRGINIA BEACH AGENDA ITEM ,/ ITEM: An Ordinance to Establish Capital Improvement Project 4-049, "Woodstock Park HRSD Cost Contribution," to Transfer Funds from CIP 4-306, "Open Space & Park Infrastructure Development & Maintenance II" to CIP 4-049, and to Authorize the City Manager to Execute an Agreement with HRSD for City-Related Improvements to Woodstock Park MEETING DATE: February 5, 2019 • Background: To meet new EPA discharge standards for the Chesapeake Bay, the Hampton Roads Sanitation District (HRSD) will be shutting down the Chesapeake- Elizabeth Treatment Plant by January 1 , 2022, and diverting a portion of that flow to the Atlantic Wastewater Treatment Plant. To maintain the current level of service, a number of interceptor system improvements are required to facilitate this flow diversion, including the construction of the Providence Road Off-Line Storage Facility located near the HRSD Providence Road Pressure Reducing Station at 5729 Old Providence Road. This facility will be operated when needed to store wet weather peak flows exceeding the hydraulic capacity of HRSD's interceptor system. Hydraulic model predictions suggest flow diversion to storage approximately 12 times per year with stored flows returned to the system for continued conveyance to the Atlantic Wastewater Treatment Plant as wet weather conditions subside. HRSD is partnering with the City's Department of Parks and Recreation to design and build the 5.2 million gallon off-line storage tank in Woodstock Park. The tank will be partially buried with 10 feet above ground and 10 feet below ground. As part of this agreement, HRSD's design/build team will design and construct a new 20,000 square foot state-of-the-art skate park incorporated into the top and adjacent to the sides of the tank, plus additional improvements to parking and vehicular circulation. Parks and Recreation will take the opportunity during the off-line storage tank's construction to make other park improvements, including the replacement of the existing restrooms, large shelters and playground. A Cost Contribution Agreement with HRSD will allow the City's Department of Parks and Recreation to work with HRSD's design build team in the design of the park improvement, and it will also fund the City's portion of the park improvements. Capital improvement project 4-306, "Open Space & Park Infrastructure Development & Maintenance II," currently has $2 million designated for Woodstock Park improvements. The Department of Parks and Recreation is requesting to establish a separate project for Woodstock Park improvements and transfer the designated $2 million to the newly established CIP. • Considerations: The attached ordinance establishes a new project that is specific to the Woodstock Park Cost Contribution Agreement. The City's portion of the project work includes the replacement of shelters, new walkways, a new playground, and new restrooms. If approved by the Council, the City will enter into an agreement with HRSD whereby the City will have the opportunity to review design of the park elements and pay for the park features based on the cost of construction. The ordinance authorizes execution of the agreement provided: (i)the agreement is approved as to legal sufficiency by the Office of the City Attorney; (ii) limits the City's payment responsibilities to those amounts appropriated to CIP 4-049; and (iii) the costs borne by the City relate to design and construction of park improvements at Woodstock Park. • Public Information: Normal City Council agenda process. • Attachments: Ordinance Recommended Action: Approval Submitting Depart -nt/Agency: Parks and Recreation City Manager: 1 AN ORDINANCE TO ESTABLISH CAPITAL IMPROVEMENT 2 PROJECT 4-049, "WOODSTOCK PARK HRSD COST 3 CONTRIBUTION," TO TRANSFER FUNDS FROM CIP 4- 4 306, "OPEN SPACE & PARK INFRASTRUCTURE 5 DEVELOPMENT & MAINTENANCE II" TO CIP 4-049, AND 6 TO AUTHORIZE THE CITY MANAGER TO EXECUTE AN 7 AGREEMENT WITH HRSD FOR CITY-RELATED 8 IMPROVEMENTS TO WOODSTOCK PARK 9 10 WHEREAS, the Hampton Roads Sanitation District (HRSD) seeks to meet new 11 EPA discharge standards, and part of that effort requires partnering with the City to design 12 and build a 5.2 million gallon off-line storage tank in Woodstock Park; and 13 14 WHEREAS, the proposed project at Woodstock Park would use the portion of the 15 storage tank as a skate park and allow the City to cost contribute for replacement of 16 existing restrooms, large shelters, and playground. 17 18 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 19 VIRGINIA, THAT: 20 21 1. Capital Improvement Project (CIP) 4-049, "Woodstock Park HRSD Cost 22 Contribution" is hereby established as a capital project in the FY 2018-19 Capital 23 Improvement Program; 24 25 2. $2,000,000 is hereby transferred from CIP 4-306, "Open Space & Park 26 Infrastructure Development & Maintenance II"to CIP 4-049, "Woodstock Park HRSD Cost 27 Contribution" to pay for the City's cost contribution for the park improvements at 28 Woodstock Park; 29 30 3. The City Manager or designee is hereby authorized to execute a Cost 31 Contribution Agreement with HRSD provided such agreement is: (i) approved as to legal 32 sufficiency by the Office of the City Attorney; (ii) limits the City's payment responsibilities 33 to those amounts appropriated to CIP 4-049; and (iii) the costs borne by the City relate to 34 design and construction of park improvements at Woodstock Park. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2019. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 29C (-- (-)1- (j9A Budget and Management Services y A orn s Office CA14613 R-1 January 23, 2019 I �^G ems, 4 igt, ,--;:=4- CITY CITY OF VIRGINIA BEACH \.. AGENDA ITEM ITEM: An Ordinance to Accept $131,446 in Funds from Closed and Inactive Capital Projects from the Virginia Beach Development Authority and to Appropriate the Funding to CIP 9-500 Virginia Beach Amphitheater Capital Maintenance MEETING DATE: February 5, 2019 • Background: The Virginia Beach Development Authority (VBDA) had received CIP funding from City Council for projects including the design of a pedestrian bridge across Virginia Beach Boulevard near Town Center, Burton Station utilities, and an Interfacility Traffic Area study. These projects are currently inactive, and the funding has not been utilized since 2012. The combined remaining balance of these projects is $131 ,446, and this amount is to be transferred back to the City for use in CIP project 9- 500, Virginia Beach Amphitheater Capital Maintenance. The Amphitheater is considering the addition of a gravel overflow parking lot that requires additional funding above the current programmed funding in the venue's capital maintenance project. Currently, the grass overflow parking area experiences poor drainage that renders the area unusable for most of the concert season. Appropriating the unused funding from the Development Authority to this existing CIP would allow for the overflow lot to be useable all concert season and provide additional parking for large events. • Considerations: Approval will allow the City to accept the unused funding from the VBDA, and appropriate it in the FY 2018-19 Capital Improvement Program Budget for an expansion of the Amphitheater parking lot. • Public Information: Normal Council agenda process. • Recommendations: Approval of the attached ordinance Recommended Action: Approval Submitting Depart ent/Agency: Economic Development tio. City Manager. N *ate, 1 AN ORDINANCE TO ACCEPT $131,446 IN FUNDS 2 FROM CLOSED AND INACTIVE CAPITAL PROJECTS 3 FROM THE VIRGINIA BEACH DEVELOPMENT 4 AUTHORITY AND TO APPROPRIATE THE FUNDING 5 TO CIP 9-500 VIRGINIA BEACH AMPHITHEATER 6 CAPITAL MAINTENANCE 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA, THAT: 10 11 $131,446 is hereby accepted from the Virginia Beach Development Authority and 12 appropriated, with local revenue adjusted accordingly, to CIP 9-500, "Virginia Beach 13 Amphitheater Capital Maintenance." Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2019. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: V Budget & Management Services City Attorneys Office CA14615 R-1 January 23, 2019 r zz 4 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds to the Department of Parks and Recreation for Summer Youth Employment MEETING DATE: February 5, 2019 • Background: The Parks and Recreation Department Youth Opportunity Office (YOO) coordinates the eight-week-long Summer Youth Employment Program (SYEP). SYEP has been providing summer employment opportunity for young people for more than eight years. Throughout that time the YOO has continued focusing on financial empowerment. Participants in the SYEP take part in a week-long training that provides several financial education components. The Summer Jobs Connect-Expansion Program Grant - Part I was a six-month technical assistance planning award that provided: • Technical assistance, including phone support and a site visit from Cities for Financial Empowerment (CFE) staff • Participation in the CFE Fund's national SJC Learning Community The purpose of the Summer Jobs Connect-Expansion Program Grant — Part II is to develop a robust plan for effective banking integration into the SYEP, drawing on best practices and lessons learned from experienced cities. The first part of the grant did not have any funding involved and provided technical assistance. The second part of the grant will provide up to $20,000 to support financial empowerment and banking initiatives in the SYEP. • Considerations: Accepting the grant will allow the YOO staff to enhance our financial initiatives for youth participants and implement them for the 2019 SYEP. • Public Information: Normal Council agenda process. • Recommendations: Approve the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Depart -nt/Agency: Parks and Recreation //X City Manager 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 GRANT FUNDS TO THE DEPARTMENT OF PARKS 3 AND RECREATION FOR SUMMER YOUTH 4 EMPLOYMENT 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 $20,000 of grant funding from the Summer Jobs Connect Expansion Program 10 Grant-Part II is hereby accepted and appropriated, with estimated revenue increased 11 accordingly, to the FY 2018-19 Operating Budget of the Department of Parks and 12 Recreation for the Summer Youth Employment Program. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2019. Requires the affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: � I A Budget & Management Services City Attorney's Office CA14612 R-1 January 23, 2019 o w _. ,„ I4 to „,,....„, ,,,,,„, CITY OF VIRGINIA BEACH AGENDA ITEM } ITEM: An Ordinance to Accept and Appropriate $91,907 from the Estate of Irene Brandon Roper to the FY 2018-19 Fire Department Operating Budget for the Purchase of Thermal Imaging Cameras MEETING DATE: February 5, 2019 • Background: The Virginia Beach Fire Department received $91,907 in a bequest from the Estate of Irene Brandon Roper, and these monies will be used to purchase thermal imaging cameras. These funds were originally appropriated in 2017, but the department was unable to fully fund the thermal imaging project until additional funding was made available in the FY 2017-18 CIP. As a result, the original appropriation lapsed and now needs to be re-appropriated by Council before the cameras can be purchased. • Considerations: This donation will be combined with the remaining funds in the CIP to complete the purchase and replace the equipment department wide. • Public Information: Normal Council agenda process. • Recommendations: Approve the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Departme .'Otbr. City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $91,907 FROM THE ESTATE OF IRENE BRANDON 3 ROPER TO THE FY 2018-19 FIRE DEPARTMENT 4 OPERATING BUDGET FOR THE PURCHASE OF 5 THERMAL IMAGING CAMERAS 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That $91,907 is hereby accepted and appropriated from the Estate of Irene 11 Brandon Roper to the FY 2018-19 Operating Budget of the Fire Department, with 12 donation revenue increased accordingly, for the purchase of thermal imaging cameras. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2019. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget & Management Services City At orney Office CA14609 R-1 January 23, 2019 �. �NW6 is( ,4 „ ,s si LVy"iJ CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Accept and Appropriate $50,000 from the Virginia Department of Emergency Management to the Fire Department's FY 2018-19 Operating Budget for the Technical Rescue Team MEETING DATE: February 5, 2019 • Background: The Virginia Beach Fire Department applied successfully for a Virginia Department of Emergency Management grant to support technical rescue activities, supplies and training. Funds will be used for technical rescue team members to attend the Rescue Challenge Regional Training Course in May 2019, purchase air bags and other items used in mass search and rescue operations, and to offset salary costs for staff who maintain cache equipment at the FEMA Team Office. This grant does not require a local match. • Considerations: Without this grant funding staff would not be able to attend the Rescue Challenge Training, and the amount of supplies purchased would be limited. In addition, cache maintenance costs would all have to be absorbed by the FEMA Cooperative Agreement or the General Fund. • Public Information: Normal Council agenda process. • Recommendations: Approve the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Departme City Manager: 1.46. 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $50,000 FROM THE VIRGINIA DEPARTMENT OF 3 EMERGENCY MANAGEMENT TO THE FIRE 4 DEPARTMENT'S FY 2018-19 OPERATING BUDGET 5 FOR THE TECHNICAL RESCUE TEAM 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That $50,000 is hereby accepted from the Virginia Department of Emergency 11 Management and appropriated to the FY 2018-19 Operating Budget of the Fire 12 Department, with revenue increased accordingly, for the purchase of supplies and training 13 for the Technical Rescue Team. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2019. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Be,,,L) u _ (-)20 . 1 Budget & Management Services A orney s Office CA14608 R-1 January 23, 2019 CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: An Ordinance to Accept and Appropriate Funding from the Virginia Department of Transportation's Bicycle and Pedestrian Safety Improvement Program to CIP # 2- 111, "Traffic Safety Improvements IV" MEETING DATE: February 5, 2019 • Background: On October 16, 2018, City Council adopted a resolution that endorsed the City of Virginia Beach's application for funding from the Bicycle and Pedestrian Safety Improvement Program (BPSP) administered by the Virginia Department of Transportation (VDOT). The BPSP is a core subgroup within the federal Highway Safety Improvement Program (HSIP) and focuses on non-motorized safety concerns. The primary objective of BPSP is to reduce the number and severity of non- motorized crashes as these users are the most vulnerable to injury or death from a crash. The main goal of both HSIP and BPSP is to reduce crashes and their consequences as part of the vision of the Commonwealth of Virginia that everyone should "Arrive Alive." The October 2018 application requested funding for the Pacific Avenue Pedestrian Improvement Project. This project will provide a variety of pedestrian related safety improvements from 5th Street to 40th Street, a total distance of approximately 2.5 miles. The proposed systemic improvements along the corridor include high visibility crosswalks, flashing LED pedestrian warning signs, and speed limit reductions. The project also provides for pedestrian refuge islands from 34th Street to 40th Street as well as street lighting from 5th Street to 16th Street and 34th Street to 40th Street. The proposed infrastructure countermeasures will greatly improve safety for pedestrians utilizing the Pacific Avenue corridor within the Resort Area Strategic Growth Area. On November 30, 2018, VDOT announced its list of projects to be funded from Phase I of the Virginia Pedestrian Safety Action Plan. Among the projects awarded funding was the Pacific Avenue Pedestrian Improvement project. • Considerations: The BPSP is not a grant program, and funds are only available on a reimbursement basis. The program requires that localities must first incur the expenses and then request reimbursement. The City received a total of $484,570 in BPSP allocations ($436,113 in federal funds and $48,457 in state funds) for the Pacific Avenue Pedestrian Improvement project. The total project cost for the Pacific Avenue Pedestrian Improvement project is $1,010,570. The $526,000 in local committed funds will be provided using previously appropriated funding within the "Traffic Safety Improvements IV" project (CIP # 2-111) of the Roadways Section of the Capital Improvement Program. • Public Information: Normal Council Agenda process. • Recommendations: Adopt the attached ordinance. ■ Attachments: Location Map, Ordinance Recommended Action: Approval Submitting Department/Agency: Public Works Engineering OIL, City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDING FROM THE VIRGINIA DEPARTMENT OF 3 TRANSPORTATION'S BICYCLE AND PEDESTRIAN 4 SAFETY IMPROVEMENT PROGRAM TO CIP # 2-111, 5 "TRAFFIC SAFETY IMPROVEMENTS IV" 6 7 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 8 VIRGINIA BEACH, VIRGINIA: 9 10 1 . That $436,113 in federal revenue from the Bicycle and Pedestrian Safety 11 Program is hereby accepted and appropriated to CIP # 2-111, "Traffic Safety 12 Improvements, IV," for the purpose of designing and constructing the Pacific Avenue 13 Pedestrian Improvement Project. 14 15 2. That $48,457 in state revenue from the Bicycle and Pedestrian Safety 16 Program is hereby accepted and appropriated to CIP # 2-111, "Traffic Safety 17 Improvements, IV," for the purpose of designing and constructing the Pacific Avenue 18 Pedestrian Improvement Project. 19 20 3. That the balance to complete the Pacific Avenue Pedestrian Improvement 21 Project will be provided from local funding previously appropriated to CIP # 2-111 , 22 "Traffic Safety Improvements IV." Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2019. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: c I� Jlel Budget and Management Services ity . -orney' Office CA14617 R-1 January 24, 2019 Pir' —,"k 43R�'ST� C :I ��:.:. r 442.),, W _1 SITE ii ;` I ZO ' 4oTH ST 1 ti „ 01 ` �1r .�.ow)�_ 75 111 0 eigill11111M011111147fit sa:FOLK A'L Ili or o ilk 311" ST 0 b pm,.. o <<o� . �oo :'. CO :'r 33RD ST O' '. ORO\-` 0 N RD/aOT 100...-..../1111 �� ST I N'".'klk ` , .OS Pacific Avenue 111101iii Pedestrian Improvements clY73 <V i le ilia r; .. 100.01?ifi > ..-0"*"....pt CHINQUAPININ 21 204,SZ tr.47.......... la TH ST 7101 •� '" v v .CO7 m C DBUEBIRDNDAR %........1.0.%425 7i �� RABOU,yt1............. 24-"A'S1 %milk , N —' = .. 110/ 010011 16.../..BST 91-,....,m<22ND ST A 1� 21ST MAXIMUS Q NNIIIII 01011011111111 O 'Nom/"1 — a * '— 40/11101111011 264 r•o VAST tv 17T4 ST2642 ��' ny AMER►CUS. 1gTHSTrc1TH,ST �' <m EQZ aIli m . CARVEF°D o • • RAVE BLOOM PKWY �RGON5EN , ,..-16T��'H,ST 7 7 Ilio>" Q15TH'ST m ` 1 -PZ ►14T,,ST y \ 12TH$T • m _H. " 13TH ST q�p�115 JT j NTIS'DR ',,.12TH,ST �''_� • T KENy N lirC NORFOLK AVE 9TH S 0H...3 WO ,viimilyell �pP O Vskile: 22..,E 9TH`S1.101111111111011tp \ a SSP J�lr .-> 2 -.'. N �� • N •,S.' 0 600 1,200 2,400 re ,y SI \C-1 a VIRGINIA AVE vE 51 ST m Feet �...Z .GANNET R'UN- y..,/ �TERRAOE; ,_._...� GOOSE�LNDG �� NS�° LOCATION MAP �0 �' z'"' Z'� PACIFIC AVENUE 9< oz. (m� lit.: m PEDESTRIAN IMPROVMENTS Prepared by P.W./Eng./Eng.Support Services Bureau 9/12/2018 X:\CADD\Projects\ARC Files\AGENDA MAPS\Pacific Avenue Pedestrian Improvements H 2 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate a Donation of $25,000 from VB Home Now, Inc. to the FY 2018-19 Operating Budget of the Department of Housing and Neighborhood Preservation MEETING DATE: February 5, 2019 • Background: VB Home Now, Inc. is a nonprofit that was created to help end homelessness by working with the Housing Resource Center and throughout the community. The organization is led by Pastor Ray Bjorkman, and it has raised over $650,000 in cash and pledges to be disbursed to partners throughout the community who are engaged in ending homelessness. The City of Virginia Beach has been awarded $25,000 to help families seeking assistance with rent, utilities, or other expenses from becoming homeless. The funding would be administered by the Department of Housing and Neighborhood Preservation and will be used to leverage existing resources to most effectively fight homelessness. • Considerations: These funds are being donated by the VB Home Now, Inc. and will be used to help local families at risk of becoming homeless. • Public Information: Public information will be handled through the normal City Council agenda processes. The department will coordinate with VB Home Now on a potential news release and/or other media so as to best inform key audiences. • Recommendations: Approve the attached ordinance. • Attachment: Ordinance; Award letter from VB Home Now, Inc. Recommended Action: Approval Submitting Departm: 7 • • -ncy: Ho 1 nd Neighborhood Preservation i City Manager: 1:t 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE A 2 DONATION OF $25,000 FROM VB HOME NOW, INC. 3 TO THE FY 2018-19 OPERATING BUDGET OF THE 4 DEPARTMENT OF HOUSING AND NEIGHBORHOOD 5 PRESERVATION 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That $25,000 is hereby accepted from VB Home Now, Inc. and appropriated, with 11 donation revenue increased accordingly, to the FY 2018-19 Operating Budget of Housing 12 and Neighborhood Preservation for efforts to prevent homelessness in the City. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2019. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: , 11 Budget & Management Services Cs e s Office CA14607 R-1 January 23, 2019 vb home nova November 19, 2018 Board of Directors Pastor Ray Bjorkman Chair Dear Mr.Friedman, Linwood Branch Vice-chair Deborah A.Baisden Treasurer Thank you for your recent application to VB Home Now.The purpose of this letter is to inform you that the evaluation of proposals submitted in Joshua Coe response to VB Home Now's funding opportunity has been completed.We are Barbara Taylor Creech excited to inform you that the City of Virginia Beach: Department of Housing and Neighborhood Preservation's Prevention &Diversion program was selected Mary Donnan Harrison for$25,000 of funding. Robert A.Jones These funds are intended to assist people experiencing homelessness or a housing crisis in order to help them obtain or sustain housing by providing Pastor Steve Kelly financial assistance for: rent, utilities,security deposits,rental arrears and George MacDonald emergency housing fees. VB Home Now is committed to supporting and enhancing our Dee B.Oliver community's system of services,to help people move from homelessness to John Olivieri housing stability.We wish you success in your effort to make homelessness rare, brief and non-recurring. Theodore L.Salter Sincerely, Wayne Sawyer - — 4/;(14/1----7-- Ray Bj rkmah Board Chairman VB Home Now www . vbhomenow. org / 1 fps:. 1 CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: An Ordinance to Appropriate $699 in the Fire Department Gift Fund to Purchase a Grill for Fire Station 4 MEETING DATE: February 5, 2019 Background: The City has a Fire Gift Fund to provide a method for individuals to donate money to the Fire Department. The money is then deposited into the fund and tracked by the department to ensure it is expended for the purpose for which it was donated. • Considerations: Fire Station 4 has requested to purchase a grill in the amount of $699 from the Fire Gift Fund. There is currently $285 designated for Fire Station 4 in the fund and the remaining amount will be taken from undesignated donations currently in the fund. The Fire Gift Fund has been used in the past to purchase grills for various fire stations. • Public Information: Normal Council agenda process. • Recommendations: Approve the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Dep tme. t sency: Fire Departmen City Manager: titil4"- OV "t 1 AN ORDINANCE TO APPROPRIATE $699 IN THE 2 FIRE DEPARTMENT GIFT FUND TO PURCHASE A 3 GRILL FOR FIRE STATION 4 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That $699 is hereby appropriated from the Fire Gift Fund to the Fire Department's 9 FY 2018-19 Operating Budget, with specific fund reserves increased accordingly, for the 10 purchase of a grill for Fire Station 4. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2019. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: atAIU)( Budget & Management Services City A orney's Office CA14611 R-1 January 23, 2019 / rii 0. „, ,,,, ‘,„ _,....,,, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $6,000 in Interest Income to the Virginia Beach Fire Department's FY 2018-19 Operating Budget for the Purchase of a Utility Vehicle MEETING DATE: February 5, 2019 Background: The Virginia Beach Fire Department used the interest generated by Aid to Localities (ATL) funding in FY 2017-18 to purchase four utility vehicles for use at special events where Fire and EMS services may be needed but access with large vehicles is restricted. This additional $6,000 will be combined with the remaining funds from the prior fiscal year for the purchase of a fifth, beach capable, quick response vehicle to be housed at the Sandbridge Fire Station. • Considerations: With the new utility vehicle, members of the Fire Department in the Sandbridge area will be able to reach affected citizens. In order to complete the purchase of this vehicle, the Fire Department is requesting the appropriation of interest income earned in their ATL grants to their FY 2018-19 Operating Budget. • Public Information: Normal Council agenda process. • Recommendations: Approve the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department (1111 City Manager: 1 AN ORDINANCE TO APPROPRIATE $6,000 IN 2 INTEREST INCOME TO THE VIRGINIA BEACH FIRE 3 DEPARTMENT'S FY 2018-19 OPERATING BUDGET 4 FOR THE PURCHASE OF A UTILITY VEHICLE 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $6,000 is hereby appropriated, with interest income increased accordingly, to the 10 Fire Department's FY 2018-19 Operating Budget for the purchase of a utility vehicle. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2019. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: GuiVA)( Age _ Budget & Management Services City - -orney' Office CA14610 R-1 January 23, 2019 u �1 fflM C7 Z ‘\ A- iiii CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer Funds in the Amount of $221,200 within the FY 2018- 19 Waste Management Operating Budget to Support Recycling Services MEETING DATE: February 5, 2019 • Background: The Virginia Beach Landfill recycle drop-off site, as well as the West Neck Road Recycle drop-off site, provide residents a valuable community service by offering convenient locations for disposal of recyclables. The drop-off services provide a recycling opportunity for residents of multi-family dwellings and for residents who generate more recyclables than what are collected with bi-weekly curbside pickup. The West Neck Recycling drop-off site, located within the Municipal Complex, has been in operation since April 2012 and is open 24 hours a day, 7 days a week with peak usage on weekends and holidays. Originally located behind Building 2 (corner of George Mason Dr. and James Madison Blvd) the 7-container site quickly outgrew the needs of the residents, and the site was moved to West Neck, increasing the container capacity from 7 to 18 eight-yard containers. The recycling center at the Landfill is also heavily utilized by residents, with up to 2,800 visitors daily. Based on increased usage from residents, as well as illegal dumping, neither the West Neck site nor the Landfill recycling center can accommodate current demands. ■ Considerations: As a result of recent negotiations with SPSA, the tipping fee was lowered from the estimated $65/ton to $62/ton. This creates capacity in the current year to address this initiative. Contract service for disposal is provided three times a week and is frequently required beyond that in order to accommodate resident's demands. It is highly desirable to be able to maintain enhanced and efficient operational service of the West Neck location by conversion to a manned facility. The Virginia Beach Landfill recycle drop off site is also in need of upgrades in order to better meet the needs of customers. In order to meet the current demand for services, Waste Management proposes installing a gate, fence, and small guard shack at the West Neck site. In addition, Waste Management proposes to staff the site from 7 a.m. to 5 p.m. Monday through Saturday to eliminate illegal dumping. Both locations propose to install trash compactors to increase efficiency of recycle collections. These upgrades will significantly mitigate the unsightly conditions in which the sites currently operate. • Public Information: Normal City Council agenda process. ■ Recommendations: Adopt the attached ordinance. • Attachments: Ordinance, Location Map Recommended Action: Approval of Ordinance Submitting Department/Agency: Public Works 7T14(_. City Manager: &,_49/..or___' N 4 AR9'e, yo NIMMO PW \V G SITE 4 . i NORtH-PND\NG. �Q ._,. cz ,...._ . *-1% Ro -m °o . '�� FRcF�i�S - 04OR s Nioioi..., - . l 4 1‘9 ��' 1011® 2Air Aufft . OIL /--P 4X wipar474% Ilik. . „. , b, 0 .6?-' p...q._ , ....., LOCATION MAP Legend CITY OF VIRGINIA BEACH City Properties RECYCLE CENTER 11=1 Recycle Center Feet 0 200 400 800 Prepared by P.W✓EngJEng.Support Services Bureau 01/6/2019 X:\CADD\Proiects\ARC Files\AGENDA MAPS\Recycle Center\Recycle Center.mxd 1 AN ORDINANCE TO TRANSFER FUNDS IN THE 2 AMOUNT OF $221,200 WITHIN THE FY 2018-19 3 WASTE MANAGEMENT OPERATING BUDGET TO 4 SUPPORT RECYCLING SERVICES 5 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 That $221,200 is hereby transferred from Waste Management's Operating 10 accounts to Capital Outlay accounts for site improvements and the purchase of 11 compactors to support recycling services at the West Neck Road Recycle drop off site 12 and the Virginia Beach Landfill. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2019. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 4 f) „,_,,) Budget and Management Services City • -y's Office CA14614 R-1 January 23, 2019 I4,01.i.asci .1 '0,Z .;. 11y` :J' CITY OF VIRGINIA BEACH AGENDA ITEM 1 ITEM: An Ordinance to Transfer $147,501 from the Reserve for Contingencies to the Department of Housing and Neighborhood Preservation's FY 2018-19 Operating Budget MEETING DATE: February 5, 2019 • Background: The Department of Housing and Neighborhood Preservation cites code violations on private property and initiates enforcement action to ensure compliance when necessary. Enforcement includes contractual nuisance abatement where vacant properties with code violations are referred to a third-party contractor to abate. This includes cutting overgrown grass and weeds, removing trash, junk and debris, boarding up vacant unsecured structures, removing hazardous trees and demolishing unsafe structures. In April of 2018, the Department terminated and rebid the nuisance abatement contract because of performance issues with the contractor. Two bids were submitted, and in May, the Department entered into a new contract with the lowest bidder. Although the lowest bid was accepted, the cost of the new contractor was significantly higher than the previous contract. This necessitates additional funding during the current fiscal year since the funds were originally budgeted based on the previous contract. • Considerations: Funding is in the Department's operating budget to pay the abatement contract, and property owners are ultimately responsible for paying the City back for the remediation costs. Repayments return to the General Fund as they are received over time. An invoice that is not promptly paid results in a lien against the property, and this lien remains as an encumbrance upon the property until it is paid. Penalties and interest accrue upon outstanding liens, and the City Treasurer's Collection Division assists with collection of unpaid liens. On average, the Department refers 600 jobs to a nuisance abatement contractor annually, and the amount repaid to the General Fund through invoice and lien payments historically matches, or exceeds, the total amount spent each year. For FY 2018-19, a total of$96,280 was budgeted for all contractual nuisance abatement services; however, upfront costs are estimated to be $244,000. Therefore, it is estimated that an additional $147,501 is needed to continue these services through June 30, 2019. This issue has been resolved in the proposed FY 2019-20 budget by funding the abatement work within the operating budget at a level that matches the new contract. If this request and the recount transfer also on the February 5, 2019 agenda are approved, the new Reserve for Contingencies balance will be $628,643. • Public Information: Normal City Council agenda process. • Alternatives: Unless funding is provided, the city will not be able to continue abating hazardous trees, demolishing unsafe structures and eliminating nuisances on private property. Criminal court summonses will need to be issued and served for all noncompliant cases which takes a minimum of forty-five days. This will significantly delay compliance and there will be some situations where summons cannot be served due to property owners residing outside of the city or state, or avoiding service. • Recommendations: Approval of the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Dep•rt - • a gency: Ho :,114 d Neighborhood Preservation City Manager: W.. 1 AN ORDINANCE TO TRANSFER$147,501 FROM THE 2 RESERVE FOR CONTINGENCIES TO THE 3 DEPARTMENT OF HOUSING AND NEIGHBORHOOD 4 PRESERVATION'S FY 2018-19 OPERATING BUDGET 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That $147,501 is hereby transferred from the General Fund Reserve for 10 Contingencies to the Department of Housing and Neighborhood Preservation's FY 2018- 11 19 Operating Budget for enforcement efforts and code compliance measures. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2019. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: iga4,,_) P Budget & Management Services City • o n-y's Office CA14606 R-1 January 23, 2019 ,,„, u IAg ii CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer Funds from the General Fund Reserve for Contingencies to the Office of Voter Registration and Elections MEETING DATE: February 5, 2019 • Background: The Office of Voter Registration and Elections is requesting a transfer in the amount of $171,269 for the City Council election recount that was completed in December. State law requires a locality to pay the cost of the recount when there is a difference of not more than one half of one percent of the total votes cast for the candidates (Virginia Code § 24.2-208(E)(iii)). The FY 2018-19 operating budget for the Office of Voter Registration and Elections does not include funding for election recounts. • Considerations: The total cost for the recent recount is $171 ,269. The Office of Voter Registration and Elections is unable to absorb any of the cost associated with the election recount within its FY 2018-19 Operating Budget. The General Fund Reserve for Contingencies currently has a balance of $947,413. If this transfer is approved, the balance in the reserve will decrease to $776,144. • Public Information: Normal Council Agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Departme' v= _ -ncy: Voter Registration and Electionspe City Manager: bvi..4 1 AN ORDINANCE TO TRANSFER FUNDS FROM THE 2 GENERAL FUND RESERVE FOR CONTINGENCIES TO 3 THE OFFICE OF VOTER REGISTRATION AND 4 ELECTIONS 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That $171,269 is hereby transferred from the General Fund Reserve for 10 Contingencies to the FY 2018-19 Operating Budget of the Office of Voter Registration 11 and Elections to fund the recount completed in December 2018. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2019. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: I ()) _<L__i\o> , Budget and Management Services City A• .r e s Office CA14616 R-1 January 24, 2019 K. PLANNING 1. GLENN MCDERMOTT/TOWN CENTER JEWEL,LLC for a Special Exception for Alternative Compliance to the City Zoning Ordinance(CZO)re freestanding sign at 4452 Virginia Beach Boulevard (Deferred from January 15,2019)DISTRICT 5—LYNNHAVEN RECOMMENDATION: STAFF—APPROVAL PLANNING COMMISSION—DENIAL 2. CLEAR CREEK HOLDINGS,LLC for a Conditional Change of Zoning from R-10 Residential&I-1 Light Industrial to Conditional I-1 Light Industrial at a vacant parcel off of South Birdneck Road,approximately 680 feet from Carissa Court re construct three (3) buildings for industrial office/warehouse units DISTRICT 6 — BEACH RECOMMENDATION: APPROVAL 3. L. B. H.,LLC for a Conditional Change of Zoning from R-7.5 Residential to Conditional A-24 Apartment at 463 North Witchduck Road and the two(2)vacant parcels to the South re develop twenty-eight(28)dwelling units DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 4. RICHARD C. TROTMAN and 7 CITIES TATTOO, LLC at 5296, 5298, 5300, 5302, 5304, 5306, 5308, 5310, 5312, 5314, 5316 and 5318 Providence Road(DISTRICT 2-KEMPSVILLE) for a: a. Conditional Change of Zoning from B-1 Neighborhood Business to Conditional B-2 Community Business b. Variance to Section 4.4(b)of the Subdivision Regulations re lot width c. Conditional Use Permit re tattoo parlor RECOMMENDATION: APPROVAL 5. ATLANTIC AUTOWERKS,LTD and JOHN &BETTY WILLIS REVOCABLE LIVING TRUST for a Conditional Use Permit re automobile repair garage at 5479 Virginia Beach Boulevard DISTRICT 2 — KEMPSVILLE RECOMMENDATION: APPROVAL 6. IRON ASYLUM 2, LLC and VIRGINIA KEMPSVILLE, LLC for a Conditional Use Permit re indoor and outdoor recreation facility at 1832 Kempsville Road, Suite 13 DISTRICT 1 —CENTERVILLE RECOMMENDATION: APPROVAL 7. JARMINE & LECREA WESTMORELAND for a Conditional Use Permit re family day-care home at 4857 South Oliver Drive DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 8. Ordinance to AMEND Section 1.3 of the Floodplain Ordinance re definition of repetitive loss RECOMMENDATION: APPROVAL 9. Ordinance to AMEND Section 201 of the City Zoning Ordinance(CZO)re permits for fences RECOMMENDATION: APPROVAL (vr tl.sem; ��.`+: 4.edd��,, e Ari ds-k—,S" Ore `t O{N NOTICE OF PUBLIC HEARING The regular meeting of the City Council of the City of Virginia Beach will be held in the Council Chamber of the City Hall Building, Municipal Center, Virginia Beach, Virginia, on Tuesday, February 5,2019 at 6:00 p.m.,at which time the following applications will be heard: Clear Creek Holdings,LLC[Applicant&Owner] Conditional Rezoning (R-10 Residential & I-1 Light Industrial to Conditional I-1 Light Industrial) Vacant Parcel off of S. Birdneck Road, Approximately 680 Feet from Carissa Court(GPIN 2417417724)COUNCIL DISTRICT -BEACH Richard C. Trotman & 7 Cities Tattoo, LLC [Applicants] Richard C. Trotman [Owner] Conditional Rezoning (B-1 Neighborhood Business to Conditional 13-2 Community Business) Conditional Use Permit (Tattoo Parlor)Subdivision Variance(Section 4.4(b)of the Subdivision Regulations) 5296, 5298, 5300,5302,5304,5306,5308,5310,5312, 5314, 5316 & 5318 Providence Road (GPIN 1466443690) COUNCIL DISTRICT - KEMPSVILLE Atlantic Autowerks, LTD [Applicant] John & Betty Willis Revocable Living Trust [Owner] Conditional Use Permit (Automobile Repair Garage)5479 Virginia Beach Boulevard(GPIN 1467472748) COUNCIL DISTRICT - KEMPSVILLE Iron Asylum 2, LLC [Applicant] Virginia Kempsville, LLC [Owner] Conditional Use Permit (Indoor & Outdoor Recreation Facility) 1832 Kempsville Road, Suite 13 (GPIN 1455927152) COUNCIL DISTRICT - CENTERVILLE L. B. H., LLC [Applicant&Owner] Conditional Rezoning(R-7.5 Residential to Conditional A-24 Apartment)463 N.Witchduck Road&the two vacant parcels to the south (GPINs 1467876985, 1467878867, 1467878997) COUNCIL DISTRICT- BAYSIDE LeCrea Westmoreland [Applicant] Jarmine Westmoreland & LeCrea Westmoreland [Owners] Conditional Use Permit(Family Day- Care Home) 4857 S. Oliver Drive (GPIN 1479360944)COUNCIL DISTRICT-BAYSIDE CITY OF VIRGINIA BEACH - An Ordinance to Amend Section 1.3 of the Floodplain Ordinance pertaining to the Definition of Repetitive Loss CITY OF VIRGINIA BEACH - An Ordinance to Amend Section 201 of the City Zoning Ordinance pertaining to Permits for Fences Amanda Barnes,MMC City Clerk Copies of the proposed ordinances,resolutions and amendments are on file and may be examined in the Department of Planning or online at:httu://www.vbgov.com/pS. For information call 385-4621. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385- 4303; Hearing impaired call 711 (Virginia Relay-Telephone Device for the Deaf). BEACON:JANUARY 20&27,2019-1 TIME EACH I:1 0 ,:� J L n Q I r _riE,j 4j - ' _ El 1-11:1\---h LJ D-I R In ti f '} 1 _ , as <> II ,� i rE l 1 11 Cia) I \ 1 0 0IICOo v 01-7 1.-...--LJ 1 iCif)'---"V". , Li ■ ■ >ti. I''''‘ 7r1 aA!iQ -ms s r 1 r I o , If , _... tE IP Y , 4`K,::� J CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: GLENN MCDERMOTT [Applicant] TOWN CENTER JEWEL, LLC [Property Owner] Special Exemption for Alternative Compliance (Freestanding Sign) at the property located at 4452 Virginia Beach Boulevard (GPIN 1477655469), COUNCIL DISTRICT — LYNNHAVEN. MEETING DATE: February 5, 2019 • Background: At the request of the applicant, City Council deferred the application on January 15, 2019, in order to provide him additional time to confer with his attorney. The applicant desires to install a freestanding sign for a commercial building within the Central Business Core District (CBCD). Section 2210 of the Zoning Ordinance requires that freestanding signs within the CBCD are allowed but only with approval from the City Council of a Special Exception for Alternative Compliance. The proposed six-foot tall, monument-style freestanding sign will be located on the southeast corner of the site adjacent to Virginia Beach Boulevard. The externally illuminated sign will complement the color and materials of the existing building. The applicant indicated the need for the sign in order to enhance visibility for the two units within the building that he has had difficulty leasing. These units have limited exposure as they do not have frontage along Virginia Beach Boulevard. • Considerations: The freestanding sign is designed to complement the existing building. The Central Business District Association's Design Review Committee (DRC) considered the proposed sign at the November 8, 2018 meeting and deemed it compliant with the applicable Central Business Core Design Guidelines, noting that sufficient plant material be installed. To emphasize this position, Staff recommends a condition that restates the Zoning Ordinance requirement for the installation of plant material. There was one speaker at the Planning Commission public hearing representing the adjacent property owner to the east. While not specifically in opposition, he noted that when his client's property is redeveloped, the freestanding sign will not be visible from Virginia Beach Boulevard by traffic moving in the westbound direction. The Zoning Ordinance requires that any new building in the CBCD be located within 10 feet of the right-of-way. At this point, this property owner has not submitted plans for redevelopment of that site. The Planning Commission voiced concern that the sign is not in keeping with the urban streetscape and character envisioned for the Central Business Core of Town Center, and ultimately voted to Glenn McDermott Page 2 of 2 recommend denial of the request. Further details pertaining to the request, as well as Staffs evaluation, are provided in the attached Staff report. • Recommendations: City Staff recommends approval of this request. The Planning Commission passed a motion to recommend denial of this request by a vote of 9-1. 1. The freestanding sign shall be monument style and constructed in substantial conformance with the submitted exhibit entitled "Diamonds Direct, Virginia Beach, VA, Option 3," dated May 11, 2018, and prepared by Talley Sign Company. Said exhibit has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 2. There shall be at a minimum, seventy-five (75) square feet of plant material installed surrounding the freestanding sign. The plant material shall be a combination of ornamental grass, ground cover, and low shrubs, not to exceed three (3) feet in height at maturity. A plan depicting this plant material shall be submitted to the Planning Department for review, and no sign permit shall be issued until plan is deemed compliant with this condition. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Denial. Submitting Department/Agency: Planning Departmen 414 t City Manager: Applicant Glenn McDermott Agenda Item Property Owner Town Center Jewel, LLC �� Public Hearing December 12, 2018 3 cltyoj City Council Election District Lynnhaven Virginia Beach Request Alternative Compliance (Special Exception for Alternative Compliance to Section 2209 of the Zoning Ordinance) int Lane %. % Corporation lane anne Street 0 0 Staff Recommendation Approval r oad Street Staff Planner 1 Robert Davis R ,�, Virgini Beach Boulevard Y O m Bank Street i 'E g. Location rt t'''' C 4452 Virginia Beach Boulevard o a Columbus Street mID C to GPIN LL S Nina Drive 7 1477655469 I a d Site Size Lisbon Lane a E 20,187 square feet A = a AICUZ Less than 65 dB DNL .r ilk Watershed - 'ta Chesapeake Bay - r • .. {- .r�iri_ -• i 3 _ - a • • •y . t A a, , -n S 5^ s,e i .. E. _e 1. e Existing Land Use and Zoning District t 5 �•-- r, ! I it . I - 'L l Retail/CBC Central Business Core 4 . ' A. 4_ '. �- �x 9, irgini.-8-ach o -..go ;L-C;.ir--`. Surrounding Land Uses and Zoning Districts . II North t1 t F0 ! •- +.L Retail/ CBC Central Business Core , " id um C _ - South #C+ol.irmbCis CenTei.1ace Virginia Beach Boulevard 11 ',f, p. - Retail/CBC Central Business Core =in Street �'` East �,_ 1 no, -- ' Retail/ CBC Central Business Core West Retail/CBC Central Business Core Glenn McDermott Agenda Item 3 Page 1 Background and Summary of Proposal • The applicant proposes to install a freestanding sign within the Central Business Core District(CBCD). Section 2210 of the Zoning Ordinance states that freestanding signs within the CBCD shall be allowed only by Special Exception for Alternative Compliance, meaning all freestanding signs require a review and ultimate approval by the City Council. • The proposed freestanding sign will be located on the southeast corner of the site adjacent to Virginia Beach Boulevard.The submitted detail depicts a six foot tall by nine foot wide monument-style freestanding sign with a double face,each face 32 square feet in size.Sign colors and materials will match those of the existing building, to include a silver aluminum background.The sign will be externally illuminated with light projecting down from the header,or the top,of the sign. EziLtitr -- a -3 CBC BG -Sof Zoning History lti .B 4. # Request ` CB 1.> 1 CUP(Multi-Family Dwellings)Approved 01/03/2013 > Virginia Beach Boulevard _14_114 CB• I pec--'_ B Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation and Recommendation The request for a Special Exception for Alternative Compliance for a proposed freestanding sign is,in Staff's opinion, acceptable as it will complement the existing building and will not likely have any adverse impacts to the surrounding area.The Central Business District Association's Design Review Committee(DRC) considered the proposed sign at the November 8,2018 meeting and deemed it compliant with the applicable Central Business Core Design Guidelines,noting that sufficient plant material be installed. To emphasize this position,Staff recommends a condition that restates the Zoning Ordinance requirement that plant material surrounding the base of the sign be installed. Recommended Conditions 1. The freestanding sign shall be monument style and constructed in substantial conformance with the submitted exhibit entitled "Diamonds Direct,Virginia Beach,VA,Option 3,"dated May 11,2018,and prepared by Talley Glenn McDermott Agenda Item 3 Page 2 Sign Company. Said exhibit has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 2. There shall be at a minimum,seventy-five(75) square feet of plant material installed surrounding the freestanding sign. The plant material shall be a combination of ornamental grass,ground cover,and low shrubs, not to exceed three (3)feet in height at maturity. A plan depicting this plant material shall be submitted to the Planning Department for review, and no sign permit shall be issued until plan is deemed compliant with this condition. Comprehensive Plan Recommendations The Comprehensive Plan recognizes this area as being within the Central Business District/Core Area of the Pembroke Strategic Growth Area and describes it as a well-designed urban center with a complement of office, retail, residential, educational, entertainment,cultural, restaurant,open spaces,and other uses. The vision for the Pembroke SGA is a central urban core with a vertical mix of uses,great streets, mobility and transit alternatives,gathering places, environmental and neighborhood protection,green buildings and infrastructure opportunities providing a variety of civic,commercial,artistic and ethnically diverse areas. Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. There does not appear to be any significant natural or cultural features associated with the site. Glenn McDermott Agenda Item 3 Page 3 Proposed Sign Location ,_ , .ter. I I lag ._ ,_ 1 1 -- iIV11111,7- �sy �� ' ".". ' f"..'' r".! K. -.'11' • rE7 al ir. Building , 1___S 41?...irl ---,1•. l' —i1° — r 9 - -a r_ Proposed Sign I 111 4 Location I; a _ - if - M°' 1 ‘ 1 ' ., A ' jill. '' k l r s_f Virginia Beach Boulevard 1 Glenn McDermott Agenda Item 3 Page 4 Proposed Freestanding Sign NON ILLUMINATED SIGN AREA IS 32 SQ FT. DOUBLE SIDED ALUM, FABRICATED PYLON PAINTED TO WATCH PRINCIPLE ARCHITECTURE WILL HAVE LED DOWN LIGHTING FROM HEADER f-d r-d• r—ir- - Inolw r-r 4 L. . _._.... - ALUM FABRICATED CABINET HEADER L W/LED LENS DOWN UBHTINB ONTO � • 1 DIMENSIONAL TENANT NAMES Diamonds Direct SYSTEA,PAINTED'SILVER' ET b RETAINER I I. ---"-- 41AN EAILE TENANT FACES AAE INDIVIDUAL • 'WI FUTURE TENANT REMOVABLE ALUM PANELS MINTED'SILVER' T. FUTURE TENANT...1- FACES REQ THROUGH TE ACRYLIC ' -411*_ 311 !FL, - ill FUTURE TENANT i r FtnyRE TENANT r r- . \._ Glenn McDermott Agenda Item 3 Page 5 Site Photos - ,' ... .• ,--,,,. # 1314.311t*Dater fr. ;--.., ... - i • ..'-4' • • _ ,-..* ... — . .1P1' • - .. -. .- ,. . .., ,. .,,...,-;'•1 -..00 .1.0 ;Ilwi' . . 0111)1%, r-1 allialliiiing ' • • , ' ''• i-PI 111111111i - •,,,,_ r 1 ' - IP,.' ; ..if-, .0-•,- Ili* : ii.IN •4,: ,tic!!,, !i:, *.-T ! , •- . • ,,,. .- . ! 11 Mild - 11111111 - !-, , •:!--:-:! ,,,, 7,4,-. 1 ?.iiiIT ;.it..;* _•:••- !t ! I!!!_. •_!. - -.. , ,_ , II III - ,. I •. - / hi •- ' W4.'.... ** ' . ,....-4,,,-0.,,.-;.40, ... ,,, .,F.,1,...,:'.. .j, .0,,, _...,,_.„...'"Tr, ..,, ,,-,,-•Ir. - - Y ..,...„:„... .,:,,,i, .,,,,h,,,i,,..,.-.... .,,.,-,,-,....A.,..,,...-••.:7re.::-1-.:-.!.,'-i '' _. _ ... _ - ....,,,,--.--14110--1111rtt.;;:,--'1-.--1.- ..•4111,,,,,.. '--..,,''ik,'.4_,-.;.-_"--LI.: • - •'.. o1, ...A.,•4.-..-,=''• i7 1 t,,-- •,•:-.....e -.-1'.'.-_•,:-..- ' " - 1 gv „..„.............„, . , . . ' . „ . 0•••*•••0 ,. . A.,.. •' - - , . . ix,r• _ 11 . .... . . ,.....y.....- ' s, . s... .• . . Illptt• . - e . ' . • - "..-'e,- _-'rf- "IF_,i_=-__ - __ -r: 1 r. _,.. • i••• .. .....IN . . .-.- -...;... ..... ..-- --... Glenn McDermott Agenda Item 3 Page 6 _ _ Disclosure Statement 'NB Virginia Beach APPLICANT'S NAME Glenn McDermott DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Comm ss;on and City Council meeting that pertains to the apolicatiou(s) 0 APPLICANT NOTIFIED OF HEARING DATE n 1N NO CHANCES AS OF DATE. //�3/4°i1 "3' Robert A. Davis REVISIONS SUBMITTED DATE Glenn McDermott Agenda Item 3 Page 7 Disclosure Statement Virginia Beach �� Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. • Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Glenn McDermott If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary t or affiliated business entity z relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotesI and 2 • • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ❑ Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ® Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name:Town Center Jewell, LLC If an LLC, list the member's names:Glenn McDermott Page 2 of 7 Glenn McDermott Agenda Item 3 Page 8 Disclosure Statement Ng3 Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship' means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation: See State and Local Government Conflict of Interests Act.Va Code§2.2-3101 2 "Affiliated business entity relationship" means "a relationship. other than parent-subsidiary relationship. that exists when (i) one business entity has a controlling ownership interest in the other business entity. (ii)a controlling owner in one entity is also a controlling owner in the other entity. or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities: there are common or commingled funds or assets, the business entities share the use of the same offices or employees or otherwise share activities. resources or personnel on a regular basis: or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Glenn McDermott Agenda Item 3 Page 9 Disclosure Statement NIB APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) EAccounting and/or preparer of your tax return C © Architect/ Landscape Architect/ Land Planner Contract Purchaser(if other than the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property t (identify purchaser(s)and purchaser's service providers) nConstruction Contractors Tally Sign Company 171 `=1 Engineers/Surveyors/Agents Financing (include current 111 ix mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) 0 ® Legal Services Real Estate Brokers / El lel Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have C ® an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Glenn McDermott Agenda Item 3 Page 10 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained In this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. itppu l+rvr rte M nJ m c rn o�- /2(1/8 S 6 Le SIGNATURE PRINT NAME DATE x999 Page 5 of 7 Glenn McDermott Agenda Item 3 Page 11 Disclosure Statement OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) ❑ 11 Accounting and/or preparer of your tax return I�( Architect/Landscape Architect/ VV�� Land Planner Contract Purchaser(if other than CF/ the Aoolicant)- identify purchaser and purchaser's service providers Any other pending or proposed n 7 purchaser of the subject property ' I (identify purchaser(s)and purchaser's service providers) zn Construction Contractors Talley Sign Company ❑ ® Engineers/Surveyors/Agents Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / C ' Agents/Realtors for current arid anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ z an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Glenn McDermott Agenda Item 3 Page 12 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. i I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this ,Application. __ __ _ /�� N ei ___- PR TY OWNER'S SICNATURf PRINT NAME DATE Page 7 of 7 Glenn McDermott Agenda Item 3 Page 13 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any uses allowed by this Use Permit are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED) concepts and strategies as they pertain to this site. Glenn McDermott Agenda Item 3 Page 14 Item #3 Glenn McDermott Alternative Compliance 4452 Virginia Beach Boulevard District—Lynnhaven December 12th, 2018 DENIED Ms. Sandloop: The next item is agenda item number three, Glenn McDermott which is an application for Alternative Compliance on property located at 4452 Virginia Beach Boulevard located in the Lynnhaven District, is there a representative for this application? Mr. McDermott: Good afternoon, I am Dr. Glenn McDermott. I am applying for a freestanding sign in front of my property. I am the owner of the Diamonds Direct Building on Virginia Beach, Boulevard and basically we have had a significant problem, not the Diamonds Direct part, but the two other suites really have no visibility from the Boulevard, whatsoever, to see them, so I am applying for whatever the variance is. Mr. Thornton: Thanks. Any questions for Dr. McDermott? Thank you. Ms. Sandloop:We have one speaker Eddie Bourdon. Mr. Bourdon: Mr. Chairman for the record Eddie Bourdon, Virginia Beach Attorney. I represent the owner of the property to due east of this. who has no objection whatsoever to Mr. McDermott getting a sign. But I want to make sure, because he contacted me and I have listened to the discussion you all had this morning, which I thought was, I thought a lot of it made a great deal of sense. But what his concern is that, be very clear, and Mr. Chairman, you asked a question in the informal that if it were true, I wouldn't be standing here. Where this sign is going to be located is north of the south face of the building on the Diamond Exchange property. The adjacent property, also in the Central Business District, will redevelop at some point and that building can be up to the property line or two feet of the property line. The subject sign, when that happens or if we park a truck in the parking lot, will not be visible from Virginia Beach Boulevard. The sign is not where the orange sign was that you have in another picture, that's in the public right-of-way and if that's where they were going to put it, then it would be, it would still have visibility, which that's an whole another situation. And again, my client is not opposed and I am not here to oppose. Mr. Davis this morning made a reference to the adjoining property and I get the impression he was saying something as 1 though we were opposed. We are not opposed at all, we just want to make sure that the understanding is that where this sign is going to be physically located when this property is redeveloped and/or if cars are parked out here, that sign is going to have minimal affect. It will really have no visibility when this property is redeveloped and that's what everyone needs to just be aware of. We have no issue with that, but it's not going to be visible. Mr. Thornton: Any questions for Mr. Bourdon?Thank you. Ms. Smith: No more speakers. Mr. Thornton: No more speakers. With that, we will close the public hearing and have some discussion amongst ourselves. I am sorry, Dr. McDermott, you are free to come back and rebut Mr. Bourdon's comment if you care to, sorry. Thanks for reminding me. Mr. McDermott: Unfortunately, either way we really don't have much of a choice right now with the visibility, even if that happens, whatever they will develop, you know. But in the interim right now, the other tenants really have, since they sit further back there is no way, now to know they are even there. And still from my perspective, I'm willing to, even if it becomes ineffective later on, to go to the expense of putting up the freestanding sign that we have for now and develop it that way. Mr. Thornton: Okay, thank you. Ron. Ms. Ripley: Dr. McDermott, did you consider, and we had a discussion this morning, and I don't know if you were in the informal meeting. Mr. McDermott: No, I wasn't. Mr. Ripley: Okay and the concern is in the Central Business District of having a lot of monument signs around, everybody wants to have one, and it's an urban environment that really, that's why you are in here for special exception, trying to get this. And really there is a lot of kind of push back on this type of sign and I realize we just approved one for the hotel, but the hotel is kind like a side street and it's an entrance to the hotel. This is out on the Boulevard far more visible and it's concerning. Did you consider hanging a sign off the building. I think that's something you can do, I may be wrong. I am certainly not a sign expert, but did you consider that, as oppose to putting it down on the monument, which would be more of an urban type of sign that would hang here. Mr. McDermott: You are talking about all over the future renters or? 2 Mr. Ripley: No off the front of your building, maybe hangs out so that you can see it from the traffic flowing from either direction, versus down on the ground as a monument sign,which is a traditional shopping center type sign that you are asking for. Mr. McDermott: Well, no I didn't consider it, didn't even know you could do that and I would probably get some significant flak from Diamonds Direct, who's really particular about their sign that sets there. Our problem was with this building. It used to be the old IHOP and at least I am sure you guys appreciated the structure I put up, replacing the old IHOP which was kind of an eyesore. We got locked into moving this building because there was an easement right through our parking lot, so we had no way to put it even up against the existing building that's there on the other side where you could have a freestanding sign. So we were kind of predestined to do that. We did have a full monument sign up there and usually, you know,being in real estate, but most of the time, real estate people always told me, including Bob Thornton, that it's, you know, if you have an existing sign to try and get it grandfathered in. So there are problems with that part of the city encouraged us to bring it down and you know then we could apply later on to try and get a freestanding sign up. So we got the building built, but then we really don't have anything for those tenants, and this picture doesn't really show you if you are coming down the Boulevard, there is an existing building, you know,blocking the signs that would go over the tenants on the building itself. So we are kind of stuck. I think you know right now, it's a matter of, like I said it could be a wasted effort on my part to spend the money to put the monument sign up, but at least people would be able to find it as they come up, and look at the addresses they know it's there and then see and go to the back. I don't know if that helps explain it. Mr. Thornton: Jack Wall with a question. Mr. Wall: Dr. McDermott, we discussed this morning and, this is just really to piggyback on Ron's comment, that there is a possibility for building crown sign on the west side. Is that what you are talking about that it wouldn't help, were you aware of that? Mr. McDermott: Well actually, we have another discussion with one of the other city entities where we have, it's a very small sign on the west side because the visibility is so bad from these sides. So even though that's some kind of variance, I think they approved that. The idea would be that at least it faces where people can see it. We have nothing over there, if you see it from here, it looks okay, but there is nothing. You are driving, then you cannot see those tenants in the rear. I don't know if that explains it but. Mr. Wall: Okay. Mr. Thornton: Jeff 3 Mr. Hodgson: Are they currently leased right now? Mr. McDermott: The second one, suite 102 is. The signs haven't gone up. That's what we are working on with that and, as I said, normally you put the sign over the front entrance but the visibility is so bad. They kind of agreed with what we were talking about. They let us put it on the flip side, some people could at least know you are there, that's why I am trying to compliment it with the other sign and it's more directional for people coming by 45-50 miles an hour, it's very hard to see. They will be looking and many times they come in from the wrong lot just by error. At least this way we have some kind of identification. At night it would be almost impossible to do it. Mr. Thornton: If this does not make it through City Council, would you put some form of identification over the door of these two tenants, these two spaces back there? Mr. McDermott: I might not be able to do that. The reason is, my sign, I could probably elucidate a little more, because they kind of approve letting us put it on the west side, so you can't have two signs. Mr. Thornton: I understand, but I would assume there is some negotiation in putting it on the front of this building over the door versus there. I mean that's your call or has that already been approved? Mr. McDermott: I think that was approved, but from our perspective, it's the visibility that is just so bad. It won't help us unless you literally drive up and then you look up and see it. But I am talking about from the Boulevard as they drive down the Boulevard to, at least know that there is some other entity there and that's where we're stuck. Mr. Thornton: Any other questions for Dr. McDermott, thank you. Oh I am sorry, Dave. Mr. Redmond: Dr. McDermott, did I understand you correctly as you said you have a tenant who is in there with no signage? Mr. McDermott: Right now, yeah. Mr. Redmond: Okay, alright, thank you. Mr. McDermott: We are working on getting the sign, but it was first a consideration which side to even put it on. That's why we try, you know, argued for putting in on the west side which is atypical because there is just no visibility, literally. You would have to drive up and look at it to see this, otherwise you think nobody is there. 4 Mr. Redmond: Alright, thank you. Mr. McDermott: Thank you. Mr. Thornton: Thank you. No other speakers? Ms. Sandloop: No sir. Mr. Thornton: Okay with that, we will close the public hearing and open it up for discussion. Ron? Mr. Ripley: Can I ask Kevin Kemp something? It's almost about the signs that he can and cannot do with this building. Can't he have identification, a company name over top of the door that leads into these two tenants? Mr. Kemp: The code permits for one building sign per unit leased. So you know, in this case, he has chosen to put that one sign on the back. Now he could get a second sign; however, it would need to come forward to you through Alternative Compliance. Mr. Ripley: What does the sign say that's on the back? This just identifies the building or? Mr. Kemp: If it's not there now; it's going to identify the tenant who leased that space, so it will be on the back side of the unit. Mr. Ripley: Yes, two rental spaces. He can go for one sign? Mr. Kemp: No, each rental space is allowed one sign, whether it goes on the front or the rear. Mr. Ripley: So you are talking about one that goes on the back and you could have one on one of the other tenants on the front? That's what you are saying? Mr. Kemp: Correct, yes. Mr. Ripley: Okay. Mr. Thornton: Dave? Mr. Redmond:Can you define the back for me, I mean, I am interpreting that as the back, the building that is? Mr. Kemp: Okay. 5 Mr. Redmond: There is a front face towards Virginia Beach Boulevard. You are talking about the back of the building that faces the old Volcano Sushi space? Mr. Kemp: I am talking about the west face of the building. Mr. Redmond:You are talking about the west side of the building. Mr. Kemp: If you are looking at the building from Virginia Beach, it would be the left side, it's just the rear of the leasable units. Mr. Redmond: Here is the back of the unit is what you are saying? Mr. Kemp: Yes. Mr. Redmond: Okay. Mr. Kemp: Correct. Mr. Thornton: I have a question for you. If he chose to put a sign over each one of those leased spaces on the east face of the building, but he could not have a same sign on the west side of the building, is it reasonable to assume that would be his call as to where to put that sign over the door or over the back but not one of each? Mr. Kemp: Absolutely, the code just requires that the sign be on a portion of the building that that tenant occupies. Mr. Thornton: So if he and the tenant chose to put a sign over the door of the space beyond Diamonds Direct that would count as the sign over that space. Mr. Kemp: That is correct. Mr. Thornton: Okay so the fact is that there has been discussion about putting it on the west wall doesn't preclude moving it to the east wall. Mr. Kemp: No, it is their choice. Mr. Thornton: Okay, any other comments. Mr. Ripley: I would prefer him to do that, I would prefer to have sign identifying the tenant whatever the tenant company is over those doors and not have the monument sign. I think that's a more appropriate way to handle this particular District 6 because it's just again, you know, there are others, we have Cheesecake Factory, those people they want monument sign. So it becomes, it could be difficult to work with, I understand his concern and he wants to get it rented and I understand that very much. But I think a sign over the door would be the appropriate way to handle this I think. Mr. Thornton: Now one further question. If we were to agree with this, would that preclude the signs over the door of each one of those rental units, if the ordinance allows a sign over each door now and he chooses to put them on the east face and we agree for this monument sign, is this in addition to those? Mr. Kemp: Yes, it would be in addition. The permitted wall signs are not included in this application. This application is just for the addition of a freestanding sign. Mr. McDermott: If I could make one more comment on that. Mr. Thornton: Anybody object?No, come forward. Mr. McDermott: When I met with the, I guess the sign committee, they understood the problem with putting the sign on the east side from this Princess Anne High School in front of this, then another building, and then this coming down the Boulevard. There was no visibility. That's why, although that's atypical to put it on the other side, they understood the problem and agreed that the visibility was so bad, there is nothing from the Boulevard that would tell anybody that we are even there. And that's why we had that approved on the other side. We can put it there, but still we are stuck with the same problem that we won't have anything to identify that we are even there or that there are even any other tenants. That's where it can go by the variance. Thank you. Mr. Thornton: Thank you. Anybody else want to say anything? I want to make a comment or two before we ask for a motion. I fully understand what he is asking for because in the world of retail leasing, accessibility and visibility are the two things that make it work. And he has reasonably good accessibility but he has got pretty bad visibility back there, and if in fact the next door neighbor does build something, it's going to block it even more.My personal thoughts are while this might not exactly fit the Pembroke area concept of urban shopping from this property going east bound, it's, you know, it's kind of congested in there and I personally don't think one more small monument sign is going to ruin the nature of the Pembroke area, so I am in favor of this. I don't know whether we could put a time limit on it and make it to be taken down in three or four years. I don't know that that would accomplish anything, but I would like to support this application because I think he has done an outstanding job of building a very attractive building there. And if this were 12-foot sign or something like we saw on the Hilton project, I would had some real heartburn about it. But this is in the Lynnhaven District, so it's my 7 area, so I would like to ask you all to give serious thought to approving this and with that may I have a motion? Mr. Redmond: I was going to make an alternative motion from the one that you just described. Mr. Thornton: Okay. Mr. Redmond: But I would like to make my own comment, I do disagree with that. There are not particularly compelling retails spaces because you can get enough yield out of the property. Doesn't mean that the retail spaces that you build or necessarily going to build will be all that valuable and those are in the difficult spot. They are set way back from the roadway and they do have visibility problems. I don't know that you remedy that by creating a sign that doesn't really fit into the ordinance or into the neighborhood. Mr. Bourdon's client who sits right next door is going to want one too and so is the Cheesecake Factory and so is everybody else and you know you just get that, just starts rolling downhill like that. I am uncomfortable with the idea of that sign within an urban environment like that. It's a challenge site. Challenged site by virtue of that easement all along the beautiful building and he has got a great tenant that's in there. But that doesn't mean the entire building is necessarily going to be as great or the spaces as marketable, but I don't think you, I don't think we create a little problem and trying to fix that, so that's part of the real estate business, I think. So, I would make a motion to deny the application. Mr. Ripley: I will second. Ms. Sandloop: The vote is open. By vote of 9-1, the agenda item number three has been denied. AYE 9 NAY 1 ABS 0 ABSENT 1 HODGSON AYE HORSLEY AYE INMAN ABSENT KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON NAY WALL AYE WEINER AYE CONDITIONS 8 1. The freestanding sign shall be monument style and constructed in substantial conformance with the submitted exhibit entitled "Diamonds Direct, Virginia Beach, VA, Option 3," dated May 11, 2018, and prepared by Talley Sign Company. Said exhibit has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 2. There shall be at a minimum, seventy-five (75) square feet of plant material installed surrounding the freestanding sign. The plant material shall be a combination of ornamental grass, ground cover, and low shrubs, not to exceed three(3) feet in height at maturity. A plan depicting this plant material shall be submitted to the Planning Department for review, and no sign permit shall be issued until plan is deemed compliant with this condition. 9 3 sod, , 41--ITTT i a wirop lialet, — 3 g Lcsi ___, 17 LE?c, t �IR 61 • 0 QEl� o; D g: rmii w / - �� FOP --1 '' F x- <>� ' � IMO rte° 1 . - L 1 ! 7, '(j - CI, h�r p p o \ S w ?. a Imo! '�p '`� -- J a - .� ›, .„, :lac J.,,g8 lb,/ o ter. Q07 4 _- d► r� -LCL I, '1 . _4 0 0 0 .. 1, (si a Imil\illa Til \Ili NM=\ # I CD > C.a EA as Uit --TT ti t d CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: CLEAR CREEK HOLDINGS, LLC [Applicant & Property Owner] Conditional Change of Zoning (R-10 Residential & I-1 Light Industrial to Conditional I-1 Light Industrial) on property located on S. Birdneck Road (GPIN 2417417724), COUNCIL DISTRICT — BEACH. MEETING DATE: February 5, 2019 • Background: The 4.38-acre undeveloped lot is zoned both R-10 Residential District (along S. Birdneck Road) and I-1 Light Industrial District (on the western portion of the lot). The applicant is requesting to rezone the entire site to Conditional I-1 Light Industrial in order to construct three buildings that will contain 38 industrial office/warehouse units. The proposed exterior building materials will include metal panel siding with a vertical raised-seam band along the top of the building, and split-face block CMU water table to add visual interest to the façade facing Birdneck Road. The proffered landscape plan depicts streetscape frontage, parking lot and foundation plantings, as well as the required 25-foot wide Category II landscape buffer adjacent to the residentially-zoned property to the north. • Considerations: In Staff's view, and the Planning Commission concurred, that the proposed rezoning to I-1 Light Industrial District is appropriate for this site, as light industrial uses are consistent with the land use policies set forth for both the Historic Seatack Suburban Focus Area and the Special Economic Growth Area 1 - East Oceana. Furthermore, the property is located in the Accident Potential Zone 2 (APZ-2) and is encumbered by a Navy easement which restricts certain land uses in the high noise zones near Naval Air Station Oceana. Based on the existence of the easement, while a portion of the property is indeed zoned residential, residential uses are not permitted under the terms of the easement. Further details pertaining to the request, as well as Staff's evaluation, are provided in the attached Staff report. There was one opposition letter received immediately prior to the Planning Commission public hearing. The citizen requested that the Planning Commission defer the application and noted concerns regarding public notice, traffic, flooding, and the transition of land in the Birdneck Road corridor from residential to industrial uses. Clear Creek Holdings, LLC Page 2 of 2 • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request. • Attachments: Staff Report and Disclosure Statements Proffer Agreement Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Depart . s ency: Planning Department 4i.4 City Manager Applicant & Property Owner Clear Creek Holdings, LLC Agenda Item Public Hearing January 9, 2019 /, City Council Election District Beach City of Virginia Beach Request Conditional Rezoning (R-10 Residential & I-1 Light Industrial to Conditional I-1 Light ,:,.`Sttee` SOtflO BeaLnad Norfolk 7C;5 dB MI, Industrial) AaZ, lack wn Street �.� '�� fit, a .' °R.• / i '4'y £ n Staff Recommendation Jensen Dove y�,.� 5�° 3 Approval ,' hesetve Onve a. Beau ta. Run °'O Staff Planner „n . Gon tam2.r2 cee.(.eek et, Jonathan Sanders >75d:DN: e. _,_7 i k Location West side of S. Bird neck Road ' k...kLane Fra.e Lane GPIN 2417417724 Site Size , a,n,„W.e 4.38 Acres AICUZ Greater than 75 dB DNL; APZ 2 Watershed Chesapeake Bay Existing Land Use and Zoning District Wooded/ 1-1 Light Industrial, R-10 Residential %,:,, Dee.Cr.3ek,Dr v- Surrounding Land Uses and Zoning Districts North Vacant/I-1 Light Industrial, R-10 Residential ` South 1 Virginia Beach Animal Care &Adoption Center/ Or - B-2 Community Business, Conditional I-1 Light , k Industrial =' East ` Park/R-10 Residential Ja 1= West Wooded/Conditional I-1 Light Industrial �" t ,• Clear Creek Holdings, LLC Agenda Item 1 Page 1 Background and Summary of Proposal • The subject site is zoned both R-10 Residential District on the eastern portion of the lot fronting S. Birdneck Road and I-1 Light Industrial District on the western portion of the lot. The applicant is requesting to rezone the entire site to Conditional I-1 Light Industrial in order to construct three buildings that will contain 38 industrial office/warehouse units. • The 4.38 acre site exists as an undeveloped forested lot. The site is located in the Accident Potential Zone 2 (APZ-2) and is encumbered by a Navy easement which restricts certain land uses in the high noise zones near Naval Air Station Oceana. Each business will need to obtain a determination letter from the Navy to ensure that a proposed use within the building meets the terms of the easement. • Three one-story buildings are proposed with a central drive aisle providing access to parking and loading spaces. One vehicular ingress/egress is proposed along S. Birdneck Road with a large turn-around area and 18 parking spaces. • The proposed exterior building materials will include a split-face block CMU water table, metal panel siding with a vertical raised-seam metal sided band along the top of the building. White roll-up doors and an entrance door are proposed for each unit. • The landscape plan depicts streetscape frontage, parking lot,and foundation plantings. The required 25-foot Category II landscape screening buffer is depicted adjacent to the residentially-zoned property to the north. • A stormwater management area is proposed at the western end of the site. '`� Zoning History - ' P # Request i-r - `- 1 CRZ(R-2.5 and I-1 to Conditional I-1)Approved Arr % '- - --- -r-T•�_ 12/06/2017 . /.t �` \ 2 CRZ(R-10 to Conditional I-1)Approved 12/11/2007 - \ ' CUP(Bulk Storage)Approved 12/11/2007 R-10 ' !, CUP(Outdoor Recreation Facility)Approved 02/09/1987 - 11211 - - 3 REZ(R-5 to A-1)Approved 07/06/1981 L ytZCC Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Clear Creek Holdings, LLC Agenda Item 1 Page 2 Evaluation and Recommendation In Staff's opinion, the proposed rezoning to I-1 Light Industrial District is appropriate for this site, as light industrial uses are consistent with the land use policies of both the Historic Seatack Suburban Focus Area and the Special Economic Growth Area 1 - East Oceana. The proposed light industrial use will provide low-scale, low-intensity economic opportunities for the area. As recommended by both plans, additional plantings are proposed beyond the minimum throughout the site and along the right-of-way. Based on the considerations above, Staff finds the request to be acceptable and recommends approval subject to the proffers below. Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA).The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: When the Property is developed,the vehicular access, landscaping, building locations, setbacks and freestanding sign shall be substantially as depicted and described on the exhibits entitled, "EXHIBIT-SEATACK BUSINESS CENTER VIRGINIA BEACH,VIRGINIA" (Sheets C1 through C4), and "LANDSCAPE PLAN —SEATACK BUSINESS CENTER,VIRGINIA BEACH, VIRGINIA" (L1 through L4),dated September 26, 2018, prepared by Gallup Surveyors & Engineers, Ltd., which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning(hereinafter "Concept Plans"). Proffer 2: When the Property is developed,the buildings depicted on the Concept Plans shall have the architectural design, appearance and height substantially as depicted and described on the three (3) renderings labeled "SOUTH BIRDNECK ROAD VIEW" "INTERIOR VIEW" and "BACK VIEW (SOUTH)—SEATACK BUSINESS CENTER", dated 10-1-18, prepared by Covington Hendrix Anderson Architects, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter the "Elevations"). The primary exterior building materials shall be split-faced cmu, raised seam metal paneling and white overhead doors. Proffer 3: Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Staff Comments: The proposed proffers are acceptable and provide confidence that the site will be developed as depicted in terms of layout, plantings and architectural design and materials. Comprehensive Plan Recommendations This site is designated in the Comprehensive Plan as being located within Suburban Focus Area 9: Historic Seatack. This area is thought to be the oldest African-American settlement in Virginia. Seatack is an integral part of the Resort Area, and while primarily a residential community with supporting religious institutions and public facilities, it also includes Clear Creek Holdings, LLC Agenda Item 1 Page 3 some businesses and light industry. Much of the SFA is constrained by the Special Flood Hazard Area, AICUZ restrictions, and Navy restrictive easements. Recommendations for this area include having all new development adhere to Article 18 of the Zoning Ordinance concerning AICUZ restrictions, be compatible with existing residential areas, have significant landscape screening buffers between existing residential areas and new non-residential development, and design stormwater systems to not negatively impact adjacent parcels. In addition, the site is also located within Special Economic Growth Area 1 (SEGA-1)—East Oceana. The Plan calls for development that is sensitive to the neighborhood context while realizing compatible economic development in the area. Recommendations include light industrial uses with significant buffers to shield the surrounding neighborhoods from intrusive impacts. Natural and Cultural Resources Impacts This site is located within the Chesapeake Bay watershed. There does not appear to be any significant natural or cultural features associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic S. Birdneck Road 15,798 ADT 1 28,200 ADT 1(LOS°"C") Existing Land Use 2-289 ADT 30,600 ADT 1(LOS°"D") Proposed Land Use 3-740 ADT 'Average Daily Trips las defined by one acre of Sas defined by a 59,500 square foot 4 LOS=Level of Service R-10 and 3.4 acres of I-1 business park zoning Master Transportation Plan (MTP) and Capital Improvement Program (CIP) South Birdneck Road in the vicinity of this application is considered a four-lane divided minor suburban arterial. The existing infrastructure currently resides in an approximate 100-foot right-of-way. The MTP indicates a four-lane facility within a 145-foot wide right-of-way. There are no roadway CIP projects slated for this area. Public Utility Impacts Water The site must connect to City water. There is an existing 30-inch City water transmission main along S. Birdneck Road. There is an existing 12-inch City water main along S. Birdneck Road. Sewer The site must connect to City sanitary sewer. There is an existing eight-inch City gravity sanitary sewer main along S. Birdneck Road. Clear Creek Holdings, LLC Agenda Item 1 Page 4 Proposed Site Layout MATCH LINE A—A UNIT 6A PFD Dow • PFD DOOR 3 \Q/-TION —T—` — \ _ • — n® PED DOOR INT 72 01 PED DOOR '-' if=15.00 "'t r UNIT 7A FF-tim• 064 001 \��\\ oM Dao* a _ \\ o/NDowu.r��! BUILDING AO lall Fr=nm \. ,11 7 ICES;xJ E$21., P7,AC-N F =Ar I _..- PED '..-:y PFD mol BULDNG Ba 1 UOr DA E 4 . FF-1500 C .� • . �-.' PED Dow Ai-58 71640 IJNE 6e PFD RawFF-15.00 ` ____\1( � i . UNIT 5. \\\ \: oM D00R NAPS) R-15.00 OM DOOR , 2.,1.,.2- OM DowItai �\•� oMoaaRrr�T1s�° 8 . UNRM PED DOOR PED DOORFF.15.00 • �. NDN w fORaEALrK - '�,� CDROM OVALS ,_� D.B.pS P.1340 1 .:.. N.P.160 P.20 INT JB (SIN:7117-11-6647 DC CITY OF AMNIA WPM NON OR FOAMwLY A.. -- UDR PFD DOOO •: \ PED NM Ff-1550 ZONED:R-t0.1-1 IL 220412210190111 FF.1050 EA ..N. t0606mOMe26 A N-� .1.r a.. 'coca D-2 1 - - a • q MIA BEACH ChM 064 wog RI \a 064 DOOR if-155..75 IRO MI4F ONIRR - UNR 7Ap«t1Mt.6o.EDt ROAR - -1 Art t2 ,D. ,,� j ] PED Dow DO'a so-T1.) {\ INT 1A p 0 DOOR if=15.75 C A.4` PO'r 5D'-1121 \ ' oM Dow ,.. *✓' FF-1575 OM woe \''§, 7- 1 \It6 all 11011111131T STILE v -_:-- iii.-_-.-.--:_......., T._ - -w•--- - III „n • ., ,----f• _.4C'g., _�' — may*- ✓ —. 22_22.—.I•=. ��•� a/`� EXHIBIT Fe+ E,„ .100,• -,127.2„,,"1302. 5P "' SEATACK BUSINESS CENTER (F .v..•,•;CN.DE.Dt.room `�v MEM DEAF Houma&LLC .-.+"CYO I•'..-Js I"•••;,s ". AMMAR L.AI. u+ IRomen= GAUP L1 -Of 213 lir f V0 Cl Clear Creek Holdings, LLC Agenda Item 1 Page 5 Proposed Site Layout MATCH LINE B—B 11.2�> flSA rte ` 0/H DOM uu,lot '-ie`' � NN--1,6Yew PFD DCW ET-11.50 ' �`alE+aK eP'D. DODF Zr.'m R f DWI 1K ° !. 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OM DDDR ss•��+X '"' a • ONOS 1L iF� . ..c1.nr.os FF=1)30 PED DOOR �. .___.-.-.Pb FfD DOOR _ O Y / - IfOFY • i)1-P. WR 11A el6C-. FF.IN 0 OM DOW \ - DM DOM `\' [ - WI"10A PED DOW �yy • - 1� FF=1130 r OP 1 1 r R t _ :1'1:6 liu us ... PED DDW :. 9 .. 4 WR 91, -00 0/11 60011 N >c ' 11 Nell2 -MCUR FRF KAt1•, 'ngtg �, uNl tlA CA,DOOR \\ ',,. OM DOW UNIT 500 Y' -1,'JC Pm EOM MATCHW LINE A—A IHE>r V. C2 Clear Creek Holdings, LLC Agenda Item 1 Page 6 Proposed Site Layout • (I.t 2O10O5C9CCO'f5)':)) - I CNRG\A BEAC,) - I .1 •517 AMIR (ScM1:ruAPI-•11 7aN ri • e'nd vim NOW OR FORIER .. 1 I- / OILOMRDEWLLL .M.201.ORO2022E 20002E7]20 \ •I IA.20100222000255910 \ 1 N\ tAk 207-05.1 I ‘.1--.., / ' rte+"" 1 • 1 ' • 1 \ PROPO4m ! •�20'PAVAlE ORNRA i CIHYENT ./.'s / / {/ / 0; ; "22NNOT 1E P9/ ,a !.r KS Tr Alai, ` 15 •7l INAS 1$ D[, J` PROPERTY..-Jill t IA PER I • / E 1.6.0114=5....6 2010 05 05 0 00.0.210 's, / : i '4 I ``q )'1 '!2N,xro2o22oaaee `` •Y I ai a P.Rej •! ` A5.1-1.2-11015 .100 . (r Y ,� 1�( 1 2d@ I-1 - .I•--'T /‘ �P / r • Ler _ / _ _ I rEroina+�:Paw - ` ¢. m Pem _ �u MA, ' 4,; .FRANCS 211x.11105 \ •�. QR Mr MS 2AIR "t" v::. I/ MATCH LINE B—B TNECT 2/N Ci Clear Creek Holdings, LLC Agenda Item 1 Page 7 Proposed Landscape Plan MATCH UNE A—A ''t, i.r.1T EA ,.... . (L ..-- 'S),___.) ' nn�:u Alv 1 MIT 7A s:;.., J4 • i li . 1. .,' -\\1I 11 tt..2C!JCSC5000dfiNe+.C) INT 9. , „lb + i 15-1 11 1 !F : EU win:;e ' 11 T i AUHIl l\C A ► - '°'^ ,E I- IW1bA __ • 14 .:ti 411 ,,,. N114A .t J at; 13 J ,. "2,1.11,.. K 0.B.'4 .i' 0.3. I' 1 I ,AN:Nt]11 eel) HE N:IN f.1 IOBWMT 1111 r L }'HII'J.0-11 1-4 11.101a- J.. 1a-L+iGIMt't W.'.T U •�.:•J I lil , I.N.2,1112.444.44241422112(14.4.1") • 1411/.4:.r 41-SKIT- -) • , • ,, zac B 2 - - i y� 7 p T4-1 4411:111..KAU.Cat l NA ne1'I'V,.2.1744214 _ 1 f1.11.^B 4.34-Irina reneFa.rasa— -- 75-1' --y._}.. T�1 IL, 4111 • S5-34 'xY T2-3 It . , it 4, , , S1-27 — ® Far OS.FC F. _.. 77-1 It .'A 0.4 VW am crl F .x.A-* _ 1,. $fn.A•.. eirfl V.. yat at SIAL ! , ll,.ti �ttl L 9). *" iii ld 04-1 411/5C-77 *_~"`i - • 1 .�_�r�" - . • _.- �I s.. = -1 _--\---,7--t-- lir - ._S` - 4 "v- -" _ - i --- - .----15—.:—.--- -11.. :..,.,... „......„.....,,.„....„„•.•,..........y..-5.•.-. c a V0� LANDSCAPE PLAN "�D ...%' `VJd`CR MN' w6pB/A5 SEATACK BUSINESS CENTER ,•R II -' ... ".•.000410 SUCH,AROMA QF.1R l2eDI IIOIDIB6 LLC •'••..per I`... s I"..�'� •� scnlrnlal x.2me 0. ?Sys .O I/. L1 1iltlElm rulamle,On Clear Creek Holdings, LLC Agenda Item 1 Page 8 Proposed Landscape Plan MATCH LINE B—B • - T4-1 �' • 15-1 JAI- D_ I 13-2 i I JNII SC >_-Z-�- tow w roatrm- T (IN.A.r.f.C90M46621u) .1 X,. •II Th -aF-t.,T a h AOK ` 7a"1 1 • :'-- �,`, 1 L _.. I JOT 1C I- BU CItC C al FC -- --- It 15-1 L 15-1 - + ! J JNI,,A l41 k- Kb OE COPTOTLY C E .. - .J iJv c•te.. 4 JNT 1&A 111. P.V •• :0tr2P 10.0.I 1 • I I JIM'` ' sH3 J IS 1 1.370 ON w"IIEN.Y t T4-1 1 ,105C.mU4+E'QPUTI '� Iv, -.-w.tnq 0 Taro e-> - i 0 . ak 0 . 4 4.15"-WF .RQi.,om .- J\1 I y_ 8l c1l;: 'It 1540w1�1 ji ' 0 - Ti-J l 02: T3-3 " - Jr • I { 1• 1 411 st MATCH LINE A—A ITER L2 Clear Creek Holdings, LLC Agenda Item 1 Page 9 Proposed Landscape Plan (LA 701005G9GCMe57'-)) l , .w7G\A BEAD.) • , . \ arr WS � • , \\ ` - ` . •a a MAWR_v ac+u „,,,,t:. - L <LILus Y• '1 \' .` / vt x,acmxsl: n. i, \ 1 11. ) \ a � / , } \., ...IP' ' M MZaQ, Iwvs1 o\ i \ rx..w V.Al \ ✓ :!*arf7 nag' .r. I j-�� 1 i.. v (A_ 11 vara ( f, t ----t- r / 1 • \ :�. H1Q40.® ICH I��c__-- — .— —ter i �\ OOE7l) SEEP AU I - + - ,,f BUSH HOG DWIIf ate, 1 < ,----i �aa,r,t low C4 .1 ur / • i. - - V tdli7 P.•!?`� 'j j ALL .f p'al / 1 • 17 F.M _ } 'I SEI:• I �� : •iters y.W 1 6 I / I' • e ao=o*n . (•i , r- -_..SON POND • /( • !Ir e • 4'1 Lr,S • •I __ 57-20 •� [ • MATCH LINE B-B *FR '/. L3 Clear Creek Holdings, LLC Agenda Item 1 Page 10 Proposed Landscape Plan BIRDNECK OFFICE PARK PLANT MATERIAL SCHEDULE ABBI< BOTANICAL NAME CC dCR4 NAME SIZE REM1R1:S I RILES II Qlaxcuaphellos Willow Oak 2_5"mho, Specimen single Rem 12 Cerra c anadens,; l-osteo Redbud R'-I IT ht Multi-11em Magnolia sil$iniww Sonetboy Magnolia 6'-IV hi Multi•.son 'l4 Avon n•Icanca amok(hon 2"-2.5"caliper Specimensingle am Ts PWmaos ace:itoha London Plane 2' ?.5'natipn Specimen single stns T6 ilex imam Amnion Holl. IS-l2'ht. Sfax-Mien:single+tun SHRUMS SI ligustnm:Suwon,.Kiril Suomi.:Kn.>l ipualurn 3 gallon an. Com hedge in coin mulch bed(w 3'oc S? PitmspMum Mojo Mole Pitlosµeium t talk.Mot Cod mass is cunt nada had re,Yoe SC Rum'Ark.Dell' .Apricot Drift Rus' 3 gallon aunt Cum anus in coot mulch bel @ You 54 Ilex veanitnna'Nana Schilling,' I)warf Yagwa 1 lolly 3 tpllon coat Coat mass in coot mulch bed @ 3'uc S5 Rea min Blue Plmeen Blue Proms Holly 5 video coot Coal hedge in coat mulch bed @ 6'oe S6 Hydrangea'Limelight Hsd ITendight 3 gallon mn. Cont mass m cont mulch bed CO i'oe SC Ilea°mamba turbodi mai ITearf Burford I k.l) 7 gallon cum Coni hate in ant mulch Tied On Coo P/.Rl.VIs1A11 P' Hamsenscallis'Happy Rmmms' Happe Returns Ihytlh ?palku one Cont mous in cunt mulch bed(p?Tor • 17871 4E6 NI] 000 1 17571 400 785E 648 Seatack Business Center S::M.u0 S silos - C. . br • *rck M gore a.Fnrs V.E e^ .cn.ms 146 21171 R7 FOR LEASE Jerry Maw .....n..1Mr.1,... 17 I-1E FREE57.040M/l2 IIGHRE0 SIGN O silo L4 Clear Creek Holdings, LLC Agenda Item 1 Page 11 Proposed Elevations 61. - z ' FF CL - (Ii 1 'i it) � U7 I ` II )_ • .°14.7-. -I X1 .o-S .';et J v ' -- ."7 zs `� 3 di I r n ' • < � Clear Creek Holdings, LLC Agenda Item 1 Page 12 Proposed Elevations z.. N I. i t _ , I] it s 11 I AI �G■ Tr f h i aS _ 1 61 '5:1 RI- I1 j a I s;zi a • 11` , i l iI� { >-... I __ I yit-I 3' ! pi r ti) Ij; a) �': Jl ILI II11ll Z 4 ` , ' _ 'I. 1 Clear Creek Holdings, LLC Agenda Item 1 Page 13 Rendering I • ..,e.,...ogm 4 • 4 , 5 m ' 0 Iii 1 —- i - . I 4 E. 1 .1 .. 1 i ....4 jr7 ; . . ; tc.., 1 , 1 : ( , so ' 3 LArj . 1 4, 0 tti , ec , . i.‘ j 1 ii I I --z - ,-, I %'' Z• 41 d 4 ,i k •1 , ' fq pi Z — CC ,, L Y 1, Pt.. . I— . kk, ;.',.(li &, oillp Clear Creek Holdings, LLC Agenda Item 1 Page 14 Rendering _..,...H. __. .. .--4.-, 11 ,-. 1 ' UM 1 1 . 0 itit.-E 11111 q ,--2---' •. 1 .:-...- 0 : 1 ....i . 0 r • FLA I I1 • R IN 1 ii"_ ,04 ._. (._ . 0 , 1111101:'-e .„._,..„ ,...._ .._ __....... _. , - a , k . . , INN . . • 1 1 ci.L) 1 1 VW 1 'iii= •=-_ k., , icic __,._ 1- ,1 , )"•_r , i ,ii . , .,• • , ,,1 r --‹ H . ,- s --- _,__ ,.,_ .„,•:. . !,, i• , pi ,- - 2 , (.._ 1111111 a ,_,_ ,- Bo .,._... • fi!' ' 11 0' • w imi - \I--.. %.--1 ,--,--- .-- E I Jai' '... _IIm 0 - ,. ,-. ill .._ 1 • : H -4Q ig• z-_,1111011 1.- i ifi . , IA ( ' IA ',y • .1; I II ' rAS ' , - I '- i t ' , - 1 lU Clear Creek Holdings, LLC Agenda Item 1 Page 15 — . Proposed Sign ..aop:R'r Of earka I 'iY LIII CIINIITl/1 I __ _ ._62.75'YO t5l9 0+<D,... V...I back Va 234,1 oh.," (757)486 3412 ,. 000 6 (757)486 7659 1., L Mal CARDCAL5K71COM o4. Seatack Business Center NtJN�L Cl rr t. Seatack Business Center .art Lot at,oe Birdneck Rd k. - :..w#Fo MS a(!'LOMIG sys'FMS Va Beach '"D°I nuc .;:':'' 28173 R2 zh FOR LEASE i Jr F�helps SPOT..CLD L.00X ry � P40010101 ftle MAL44R UWE I1 ( . I I I 1;2.._t.0.. I 1 I i i I l I I Date: 12-6-18 FRFFSTANDING I IGHTFO SIGN O.F Cuerwew Approval Clear Creek Holdings, LLC Agenda Item 1 Page 16 Site Photos . . :4, tv*. , . ti', ¢ 4 e k R r 1 em`:. Kt, }{ t p .-3�4 -i-`1,-'111;„+-=.` 4 4.. h� F .y,'4 -%, t �, n '' I r '''**' ,; `fir ' �4�%-'•d -: 5 " .. t• ' "t 'T`-', -ter K ,.• .; w ,, 4 d, y J 'A r Y M • • Al „x,„,„,„.i..„,„:„,_..... ._...-_. _ .„.,_, ., , y f r '' a Clear Creek Holdings, LLC Agenda Item 1 Page 17 Disclosure Statement irg and Beam APPLICANT'S NAME Clear Creek Holdings, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning _Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • SECTION 1 / APPLICANT DISCLOSURE Page Iof7 gwu yr _ Jonathan Sanders REWSr. Clear Creek Holdings, LLC Agenda Item 1 Page 18 Disclosure Statement Virginia Beach ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. ® Check here if the APPLICANT_1S a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Clear Creek Holdings, LLC If an LLC, list all member's names: Lawrence Kurtz, Sole Member/Manager If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. El Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business,or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 Clear Creek Holdings, LLC Agenda Item 1 Page 19 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities: there are common or commingled funds or assets, the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis: or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va Code§ 2.2.3101 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Clear Creek Holdings, LLC Agenda Item 1 Page 20 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE 1 PROVIDER(use additional sheets if needed) ISI Accounting and/or preparer of Rip Walters,CPA your tax return XI ; Architect/Landscape Architect/ Covington Hendrix Anderson i Land Planner Architects U ® I Contract Purchaser(if other than the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed C (� purchaser of the subject property (identify purchaser(s)and purchaser's service providers) X C ' Construction Contractors Mike Lanning • EEngineers/Surveyors/Agents Gallup Surveyors&Engineers,Ltd Financing(include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) • ❑ Legal Services Sykes,Bourdon,Ahern&Levy,P C Real Estate Brokers / John Katsias Ei Agents/Realtors for current and anticipated future sales of the subject property • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have f ❑X an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Clear Creek Holdings, LLC Agenda Item 1 Page 21 Disclosure Statement VB Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. Clear e: ''• • •'- -- Lawrence Kurtz, Manager 16/1/I g APPLICANT S' 1 - R PRINT NAME DATE Page 5 of 7 Clear Creek Holdings, LLC Agenda Item 1 Page 22 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any uses allowed by this Use Permit are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Clear Creek Holdings, LLC Agenda Item 1 Page 23 Item #1 Clear Creek Holdings, LLC Conditional Rezoning (R-10 Residential & I-1 Light Industrial to Conditional I-1 Light Industrial) South Birdneck Road District—Beach JANUARY 9,2019 CONSENT Ms. Oliver: The next order of business, we will address those they have been placed on the consent agenda and the vice chair will handle this portion of the agenda. Ms. Rucinski: Thank you madam chairman. This afternoon, we have four items on the consent agenda. The first matter to be heard is item number one. This is an application for a conditional rezoning R-10 residential and I-1 light industrial to conditional I-1 light industrial on property located on the west side of South Birdneck Road approximately 680 feet from Carissa Court in the Beach District. Do we have a representative? Mr. Bourdon: Thank you madam secretary. Madam chair for the record Eddie Bourdon, Virginia Beach Attorney representing Clear Creek Holdings, LLC. We appreciate this item being on the consent agenda as we worked diligently with your city staff on this request and have provided answers to the questions that were raised in the informal this morning about access and parking and my client will be putting in wheel-stops as you suggested. Thank you very much. Ms. Oliver: Thank you. Ms. Rucinski: Thank you, so this is going to be reviewed by Commissioner Redmond. Mr. Redmond:Thank you. This is an application of Clear Creek Holdings, LLC for conditional rezoning from R-10 residential and I-1 light industrial to conditional I-1 light industrial on property located on the west side of South Birdneck Road. The subject site is zoned both R-10 residential district on the eastern portion of the lot fronting South Birdneck Road and I-1 Light Industrial District on the western portion of the lot. The applicant is requesting to rezone the entire site to conditional I-1 Light Industrial in order to construct three buildings, that you see them there, that will contain 38 industrial office and warehouse units. The site is about 4.3 acres and sits on an undeveloped forested lot. It is also located in the Accident Potential Zone 2 and is encumbered by a Navy easement which restricts certain land uses in the high noise zones near Naval Air Station Oceana. So each business will need to obtain a separate determination letter from the Navy to ensure that its proposed use in the building meets the terms of the easement. There was some discussion this morning about the number of parking spaces, the 1 appropriateness of the number of parking spaces. The applicant helpfully provided some additional data that we did not have this morning. The total number of parking spaces will be 119, 18 of those spaces will be in the front, loading space in the rear and approximately 100 parking spaces in front of or along the open space internal to the center, so which comes out to little over three parking spaces per unit. The commission is unaware of any opposition to this application, the staff recommends approval. The Planning Commission, therefore, concurs by consent, thank you. AYE 10 NAY 0 ABS 0 ABSENT 1 ALCARAZ AYE BARNES AYE GRAHAM AYE HORSLEY AYE INMAN ABSENT OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE WALL AYE WEINER AYE PROFFERS: 1. When the Property is developed, the vehicular access, landscaping, building locations, setbacks and freestanding sign shall be substantially as depicted and described on the exhibits entitled, "EXHIBIT - SEATACK BUSINESS CENTER VIRGINIA BEACH, VIRGINIA" (Sheets C 1 through C4), and "LANDSCAPE PLAN — SEATACK BUSINESS CENTER, VIRGINIA BEACH,VIRGINIA" (L1 through L4), dated September 26, 2018, prepared by Gallup Surveyors & Engineers, Ltd., which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter"Concept Plans"). 2. When the Property is developed, the buildings depicted on the Concept Plans shall have the architectural design, appearance and height substantially as depicted and described on the three (3) renderings labeled "SOUTH BIRDNECK ROAD VIEW" "INTERIOR VIEW" and "BACK VIEW (SOUTH) — SEATACK BUSINESS CENTER", dated 10-1- 18, prepared by Covington Hendrix Anderson Architects, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter the "Elevations"). The primary exterior building materials shall be split-faced cmu, raised seam metal paneling and white overhead doors. 3. Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code. 2 9. E:, PAr ;,:z CITY OF VIRGINIA BEACH 'y`, . INTER-OFFICE CORRESPONDENCE Op OUR�•NPt0ON In Reply Refer To Our File No. DF-10145 DATE: January 25, 2019 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilso< \ DEPT: City Attorney RE: Conditional Zoning Application; Clear Creek Holdings, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on February 5, 2019. I have reviewed the subject proffer agreement, dated September 28, 2018 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Nancy Bloom CLEAR CREEK HOLDINGS, LLC, a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 28th day of September, 2018, by and between CLEAR CREEK HOLDINGS, LLC, a Virginia limited liability company, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of a certain piece or parcel of land located in the Beach District of the City of Virginia Beach, containing 4.384 acres, which is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. Said parcel is herein referred to as the "Property"; and WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach,Virginia,by petition addressed to the Grantee so as to change the Zoning Classification of the Property from R-io Residential and I-1 Industrial Districts to Conditional I-1 Industrial District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantor's proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the GPIN: 2417-41-7724-0000 PREPARED BY: B SYIC£S,POURDON. a£ AII£RN&LEVY.P.C. Prepared By: R.Edward Bourdon,Jr.,Esquire VSB#22160 Sykes,Bourdon,Ahern&Levy,P.C. 281 Independence Boulevard Pembroke One,Fifth Floor Virginia Beach,Virginia 23462 community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee,as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW,THEREFORE,the Grantor, its successors,personal representatives,assigns, grantees, and other successors in title or interest,voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning,site plan,building permit, or subdivision approval,hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. When the Property is developed, the vehicular access,landscaping,building locations, setbacks and freestanding sign shall be substantially as depicted and described on the exhibits entitled, "EXHIBIT - SEATACK BUSINESS CENTER VIRGINIA BEACH, VIRGINIA" (Sheets Ci through C4), and "LANDSCAPE PLAN — SEATACK BUSINESS CENTER, VIRGINIA BEACH, VIRGINIA" (Li through L4), dated September 26, 20i8, prepared by Gallup Surveyors &Engineers, Ltd.,which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter "Concept Plans"). 2. When the Property is developed, the buildings depicted on the Concept Plans shall have the architectural design, appearance and height substantially as depicted and described on the three (3) renderings labeled "SOUTH BIRDNECK ROAD VIEW" "INTERIOR VIEW"and"BACK VIEW(SOUTH) —SEATACK BUSINESS CENTER",dated PREPARED BY: I3 SYK€S.BOURDON, io-i-i8, prepared by Covington Hendrix Anderson Architects, which have been exhibited \'I- A[ RN&LEVY.P.0 to the Virginia Beach City Council and are on file with the Virginia Beach Department of 2 Planning (hereinafter the "Elevations"). The primary exterior building materials shall be split-faced cmu, raised seam metal paneling and white overhead doors. 3. Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to the R-10 Residential and I-1 Industrial Districts and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach,Virginia,in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, PREPARED BY: B SYKES.BOURDON. including the authority (a) to order, in writing, that any noncompliance with such AJWRN&livy.P.0 conditions be remedied, and(b)to bring legal action or suit to insure compliance with such 3 conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,and indexed in the names of the Grantor and the Grantee. PREPARED BY: S B SIXES.B0URD0N. MI£RN&LEVY.P.0 4 WITNESS the following signature and seal: Grantor: Clear Creek Holdings, LLC, a Virginia limited liability company By: { '� - (SEAL) LawrenceManager/Sole Member STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 1st day of October, 2018,by Lawrence Kurtz, Manager/Sole Member of Clear Creek Holdings, LLC, a Virginia limited liability company, Grantor. ,)41;k4 .1(0 , Notary Public My Commission Expires: August 31, 2022 Notary Registration Number: 192628 ,CPR• H• 41 1p 000404* 00 /9_16" em 33 TOL ' PREPARED BY: SYKES, BOURDON. MI AIIERN&LEVY.P.C. 5 EXHIBIT "A" ALL THAT certain tract, piece or parcel of land, situated near Virginia Beach, in Seaboard Magisterial District (now assessed for tax purposes on the land books, under Lynnhaven Mosquito) in Princess Anne County, in the State of Virginia, beginning at a pin in the West side of Chatham Road (also Known as State Highway No. 637), where the dividing line between the property now or formerly belonging to Grayson Whitehurst and the property now belonging to Dianna Sharp intersect the West side of Chatham Road; thence running N 84 degrees 51' W 1013.38 feet to a pipe; thence running N 5 degrees 09' E 200.64 feet to a pipe;thence running S 84 degrees 51'E along the line dividing the property hereby conveyed from the property now or formerly belonging to Norman Williams, 961.74 feet to the West side of Chatham Road; and thence running S 9 degrees 17' E along the West side of Chatham Road 207.2 feet to the point of beginning. GPIN: 2417-41-7724-0000 H:\AM\Conditional Rezoning\Clear Creek Holdings\Proffer Agreement.docx PREPARED BY: 11 SYK S,POURDON. I- AIIERN&LEVY.P.C. 6 ^7_� I 1 j | --�' --- Ira i Ut Li ii-lcirDiRijr:i 9 __ _ __ _ __ itif xi J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: L.B.H., LLC [Applicant & Property Owner] Conditional Change of Zoning (R- 7.5 Residential to Conditional A-24 Apartment) on property located at 463 N. Witchduck Road & two vacant parcels to the south (GPINs 1467876985, 1467878867, 1467878997), COUNCIL DISTRICT — BAYSIDE. MEETING DATE: February 5, 2019 • Background: The 1.60 acre site is comprised of three 50-foot wide parcels for a total of 150 feet of road frontage along N. Witchduck Road. The applicant is requesting to rezone the property from the R-7.5 Residential District to Conditional A-24 Apartment District in order to develop the property with up to 28 dwellings units. While the proposed density will be 17.5 units per acre, rezoning to A-24 Apartment District is proposed, rather than the A-18 Apartment District, in order to permit a higher lot coverage. The lot coverage in the A-18 District is limited to 50%, while the A-24 district permits up to 60%. The proffered plan depicts a lot coverage of 56.5%. The Zoning Ordinance defines lot coverage in the apartment districts for multi- family buildings to include building footprints and parking surfaces. The submitted architectural elevations depict two, two-story buildings with exteriors of primarily vinyl lap siding. Architectural details such as a brick water table, accents of board and batten and shake siding, and standing seam metal roofs are proposed. A total of 58 parking spaces are proposed in a parking area next to and between the two buildings, thereby meeting the minimum parking requirements. A Category IV landscape buffer, consisting of evergreen trees and shrubs, is proposed along the northern, western and southern property lines. The applicant has stated that it is their intention to direct the stormwater from this site into the nearby Witchduck Lake. This lake functions as a large "regional" catchment of stormwater runoff from many properties in the vicinity. The specific details of the stormwater strategy will be addressed during final site plan review. This site is located in Drainage Basin 4, which the City does have a final SWM model, and can be used by the developer during site plan review to show stormwater compliance, if desired. Regardless of whether the existing lake has capacity for direct runoff, the developer would need to show that stormwater leaving their site will not have any impacts upstream or downstream (i.e. rise in HGL) of this development. If they want to use the existing lake as a stormwater management facility, they would need to provide supporting calculations showing that there is adequate capacity and that they will still meet all City and State L.B.H., LLC Page 2 of 2 requirements. An agreement would also need to be provided between the owner of the lake and the developer allowing use of the lake as a stormwater management facility. • Considerations: In Staff's view, and the Planning Commission concurred, that the rezoning request as proposed is acceptable. As previously noted, the request to the A-24 District is based on the amount of proposed lot coverage rather than the resulting density. At the request of Staff, the applicant consolidated several adjacent properties in order to create a cohesive development with a vehicular and pedestrian connection to the adjacent residential community to the north. Additionally, the site layout locates all parking behind or on the sides of the buildings to ensure an attractive streetscape. The 3,000 square feet of community open space between the buildings will include a grass area with a pergola, a seating area, and bicycle parking. The design of the two-story buildings is in keeping with the scale of the surrounding neighborhood, and the proposed screening and plantings will all exceed the minimum requirements. Further details pertaining to the request, as well as Staff's evaluation, are provided in the attached Staff report. There was one speaker in opposition at the Planning Commission public hearing who raised concerns regarding increased traffic through his neighborhood, located east of Witchduck Road, as well as stormwater management issues along Witchduck Road. • Recommendations: City Staff recommends approval of this request. The Planning Commission passed a motion to recommend approval of this request by a vote of 10-0. • Attachments: Staff Report and Disclosure Statements Proffer Agreement Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting De• •rt - • . •ency: Planning Department,, City Manager: .1S�S�- Applicant & Property Owner L.B.H., LLC Agenda Item Public Hearing January 9, 2019 City Council Election District Bayside 6 Virginia Beach Request �: '� ,f,`� / _ .. PR,„w r Nit Conditional Rezoning (R-7.5 Residential to �` e. ' ✓`F i le Conditional A-24 Apartment) # �"..• q", was t A , .' r Staff Recommendation - a o ..,4"Q, 4 Approval �m�- I. ` t ``, 1111, € c . Staff Planner 4'..r..„4 r 6n''„k„r, =G aafi Su IIIS IP Jonathan Sanders ''Bo � ”'^,a,, �, v' • rt I , a z i i ' $ f Location4.. 'rt! ! ` a 463 N. Witchduck Road &the two vacant 1 r R . s A" parcels to the south ; € ; GPINs 1� �� '�`d zIhrigraw fan, _ 1467876985, 1467878867, 1467878997 Site Size 1.60 acres AICUZ Less than 65 dB DNL Watershed Chesapeake Bay 1= -� rbc Existing Land Use and Zoning District • ��± Vacant lots, single-family dwelling/R-7.5 - ` A it, Residential _ -e.�_�1 Surrounding Land Uses and Zoning Districts `-;• „ y �, r r �, North ► Single-family dwellings/PD-H2 (A-12) Planned - V.— yr , Unit Development a.-r� _, .a South .. s , Single-family dwelling/ R-7.5 Residential z ! 3 .r East t . N. Witchduck Road Single-family dwellings/R-7.5 Residential 411 .2 , s _. s ,.' „;,- 4 ft,'„, % West Apartments/A-18 Apartment L.B.H., LLC Agenda Item 6 Page 1 Background and Summary of Proposal • This 1.60 acre site is comprised of three 50-foot wide parcels for a total of 150 feet of road frontage on N. Witchduck Road. There is a single-family dwelling on the northern lot that will be removed. The southern partially wooded lots are vacant. • The applicant proposes to develop the properties with up to 28 dwellings units. The dwelling units are anticipated to have between 700 and 1,250 square feet of living area. • As the site is zoned R-7.5 Residential District,that allows only single-family development,the applicant is requesting to rezone the properties to Conditional A-24 Apartment District. While the proposed density will be 17.5 units per acre, rezoning to A-24 Apartment District is proposed, rather than A-18 Apartment District, in order to permit a higher lot coverage.The lot coverage in the A-18 district is limited to 50%, while the A-24 district permits up to 60%. • The proposed site layout depicts one point of ingress/egress along N. Witchduck Road and a vehicular connection to Whitaker Place, which is the adjacent single-family condominium project to the north. Two multi- family buildings, one fronting along the right-of-way and the other located to the rear, along with a parking area with 58 spaces (two parking spaces per unit plus two additional spaces) are depicted on the proffered plan. A pergola and bike parking area are depicted between the buildings. A trash receptacle surrounded by a six-foot white vinyl enclosure is proposed in the parking area in the southwestern portion of the site away from residences. • A Category IV landscape buffer, consisting of evergreen trees and shrubs, is proposed along the north, west and south property lines. A six-foot white vinyl privacy fence exists along the northern side of the property, and a new matching fence is proposed along the western and southern property lines. • The submitted architectural elevations depict two multi-family buildings that are two-stories in height with a gable roof. The buildings' design incorporates a brick water table,vinyl lap siding, board and batten siding, and shake siding, with an architectural asphalt shingle roof and bronze colored standing seam metal roof accents. • A nearly six-foot tall brick veneer monument sign with an oval sign face is proposed adjacent to the right-of-way. • The applicant states that the development will drain into nearby Witchduck Lake.The required stormwater management facility will be addressed at site plan review. L.B.H., LLC Agenda Item 6 Page 2 . ,, --_--__. '`._,,,,„ . _ . . , . , . r . � i C1= , P i -U Zoning History _-p•j� "2 4 # Request t L _C7 1 CUP(Landfill) Denied 03/28/1995 I A-181. �/ - 2 REZ(Conditional PD-H2 (A-12)to P-1)Approved 1-1_1 1 �� / - , _ R-7 5 .- 02/28/2012 // �// /// ---i-_1_ CRZ(R-7.5 to Conditional PD H2(A-12))Approved `— ----- i1 05/24/2011 - `,J ` Li Li '7 4 r--------_-7-__JLj1 &N—~ano db•p - R•i r Application Types CUP-Conditional Use Permit MOD-Modification of Conditions or Proffers FVR-Floodplain Variance REZ-Rezoning NON-Nonconforming Use ALT-Alternative Compliance CRZ-Conditional Rezoning STC-Street Closure SVR-Subdivision Variance Evaluation and Recommendation The proposed rezoning to Conditional A-24 Apartment District to develop the 1.60 acre site with 28 dwelling units (17.5 units per acre) is, in Staff's view, an acceptable development of these properties. As previously noted,the request to the A-24 district is solely based on the amount of proposed lot coverage. At the request of Staff,the applicant consolidated several adjacent properties in order to create a cohesive development with a vehicular and pedestrian connection to the residential community with the development to the north. Additionally, the site layout locates all parking behind or on the sides of the buildings to provide an attractive streetscape. Sufficient area between the buildings creates approximately 3,000 square feet of community open space. The design of the two-story buildings is in keeping with the scale of the surrounding apartments to the west, the Whitaker Place development to the north and with the neighborhood across N. Witchduck Road. Also,the landscape screening and fencing along the perimeter of the site exceeds the minimum requirements. Based on the considerations above, Staff recommends approval of the request subject to the proffers below. Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA).The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: When the Property is developed, it shall be as a residential apartment or condominium, substantially in accordance with the preliminary site plan designated "LBH LLC Witchduck Flats Witchduck Road,Virginia Beach,Virginia", dated October 23, 2018, prepared by Lyall Design Architects, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning(the "Concept Plan"). L.B.H., LLC Agenda Item 6 Page 3 Proffer 2: When the Property is developed,vehicular Ingress and Egress to the Property shall be via one(1) entrance from Witchduck Road with vehicular cross access provided to the residential condominium to the north as depicted on the Concept Plan. Proffer 3: The total number of dwelling units permitted to be constructed on the Property shall not exceed twenty-eight(28). Each dwelling unit shall contain between 700 to 1250 square feet of living area. Perimeter fencing outside of the front yard setback from Witchduck Road shall be six foot(6') high white vinyl privacy fencing. Proffer 4: The architectural design and exterior building materials to be utilized on proposed Buildings "A" and "B", as designated on the Concept Plan,will be substantially as depicted on the exhibit containing a "Long" and "Short" Elevation of "Building A"and of"Building B" entitled "LBH LLC WITCHDUCK FLATS" dated October 23, 2018,prepared by Lyall Design Architects;and on the two(2) renderings designated "Entrance View from Witchduck Road" and "Aerial View from Witchduck Road"on the exhibits entitled "LBH LLC Witchduck Flats Witchduck Road,Virginia Beach,Virginia" dated October 23,2018, prepared by Lyall Design Architects,which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. The exterior building materials shall be a combination of architectural shingles, brick veneer, lap siding,shake siding, and board and batten siding. Proffer 5: When the Property is developed,the community identification sign designated on the Concept Plan shall be substantially as depicted and described on the exhibit entitled, "WITCHDUCK FLATS SIGN",which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Proffer 6: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Staff Comments: The proposed proffers are acceptable and provide confidence that the site will be developed as depicted in terms of layout,density and architectural quality. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy,are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan recognizes this property as being within the Suburban Area. Guiding principles have been established in the Comprehensive Plan to guard against possible threats to the stability of the Suburban Area and to provide a frame work for neighbors and places that are increasingly vibrant and distinctive.The Plan's primary guiding principle for the Suburban Area is to create"Great Neighborhoods," and to support those neighborhoods with L.B.H., LLC Agenda Item 6 Page 4 complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and the future. Natural and Cultural Resources Impacts This site is within the Chesapeake Bay watershed.There does not appear to be any natural or cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic North Witchduck Road 15,989 ADT 1 14,800 ADT (LOS 4"C") Existing Land Use 2—30 ADT 27,400 ADT 1(LOS 4"E") Proposed Land Use 3-76 ADT 'Average Daily Trips 2as defined by three lots Sas defined by 28 multifamily units 4 LOS=Level of Service zoned R-7.5 Master Transportation Plan (MTP) and Capital Improvement Program (CIP) N.Witchduck Road in the vicinity of this application is under construction and will be completed in early 2020 as a six- lane divided major urban arterial. Public Utility Impacts Water This site must connect to City water.There is an existing 10-inch City water main along N.Witchduck Road. Sewer This site must connect to City sanitary sewer.There is an existing 10-inch City sanitary sewer gravity main along N. Witchduck Road. School Impacts School Current Enrollment Capacity Generation 1 Change' Luxford Elementary 516 548 3 2 Bayside Middle 1,007 1,264 1 1 Bayside High 1,799 1,827 1 1 1"Generation"represents the number of students that the development will add to the school. z"change"represents the difference between the number of potential or actual students generated under the existing zoning and the number generated under the proposed zoning. The number can be positive(additional students)or negative(fewer students). L.B.H., LLC Agenda Item 6 Page 5 3 s oDo -g5 4` m cO= mB��=Og 4Proposed Site Layoutcsh > to „ 0 ogPo. c, O °a .w -- Vo91EQ — 0. » 0E Q0 Qu80 oic –a ipo — R lb upivcfmgm08A:3;66; 0201,0— nflocaspEa8 — oss$ e – OLDOmB - 00 _ 0nonciz S2• ®OamTOPOu D31m2gm 4noca2 2- c o ` .mm $itEaoEo_5l ^O E HwMBagt3m9CEOmm LiNVO1LLC U Q// UmQi0UQa ¢s.8O— > , cS.. ODU� I i OvON NOl10Hottm —lir. • _______ta 2 to sr r• S. ... ..s I i G g , CO !3 -107.1.a ti. 4 t 1 U• Y O a I _ T't p S a • m V t O0 8 a i al Z• ro m: ® i PI U t.•1 aW O Mg i o g 1 - '. 5; c •i i t gr"gee rh �_ w • •.. _ '` ^.os 4 O > ------4:' v c, es, z o d, €. y �'a < Q N 0 gaga jr�Z 2 E u arc < _2 .S. g' S >my) $ :., .9m _ a o–O o m(5 uLaILU gd �QS L.B.H., LLC Agenda Item 6 Page 6 Proposed Elevations F ii 6 " m I F m r E w m 4 i . v v i 1 , lI _ ii=i j :CSC■ _ I CO Sl c :NM ZS d � !I C�f�C■ m a g tt CO m Fiii. 11 °_ 5 is 4 II �, _rm4=.04=. _•i.:■ t " i C� g b .r i 2. i ''s E :315 1 ti � i E I: �IE 1 2 :a c _ 17L- ii Y m i o a m o u ; R O u } L EF, u tel - Of f 2 h _..�i < Ell CL ::� i 111 r _■ .r 3 ' a —i Emig Mill < a to t21 CO c {. ry `, - 1 I CM m c .' �`*' lai. F,• tee. O 3, / CTC■ t' i' > 1l` :MLS_■ .. '', ?S woo= .c I F \1 N m D q yy b 10 -Iz: _ 3 < , i Jia' _ L.B.H., LLC Agenda Item 6 Page 7 Rendering , 1i V "e, 11 ISI � �� `�T'i JIB Aerial View from Witchduck Rood LBH LLC LYALL Witchduck Flats DESIGN Wif c hduck Road Virginia Beach.Virginia Imp ro.lu� 0000.13 30,1 142121.,"02 1,00 ;NOP n,wD.i+0i1.,.11YA,CNC 01015. t.;.1'Y'.4.1,ad.laa.N'Q fsal-1f09v1ICY.w_':CS n Ya 042t011:L 34I OFI.012 220212 L.B.H., LLC Agenda Item 6 Page 8 Rendering Yr .. • n it ' ' i I :11 p s 1a ./.- $ Entrance View from Witchduck Road LBH LLC LYALL�-^ Witchduck Flats DESIGN � L,E S I G N Witchduck Road,Vkguda Beach,Virginia c. POMO NO W .a»:3 1t141 :4 3.,4WtM13C?CS'4.1.41:1 WWB'.Df_'U awR.1e'nr::. 'F.ac.,, a...4I .1+.nvc'ftu',fWxye.Jr D:u.,,,,..E,,,p1.a.,,,,, A,,!iMh,, L.B,H., LLC Agenda Item 6 Page 9 Proposed Sign 7-7 I7'-2' 510' I BRICK BRICK „____\___,4 � CAP i/4. �� 1 CAP i= � BRICK 5'-4'- BRICK VENEER VENEER • co . r o , a 2'-2' 5'-10' r 1'-2' 1 BRICK f 1 BRICK _� CAP CAP 4•'"--I I rI I 4.N RICK BRICK WITCHDUCK VENEER zo .:, r VENEER FLATS L. ' \ F1'-0'LONG X -CODE X 8'THICK 10'-0. CONC.FOOTING f7-0' 4, C-0' 12'-0' jr "El 4't , , 4 m 14 z4/ o 2'-0' 1, C-0' 1 2'_0, 10-0' / IIJITCHDUCK FLATS SIGN 5cale: I/2" = 1'-0" L.B.H., LLC Agenda Item 6 Page 10 Site Photos i. ,.,- �+ `'" ^r 1 mkAge: =� .40f AI ^ ■ 4 I 4 - #�1,- '1 r w 7 1!1: - „ail L.B.H., LLC Agenda Item 6 Page 11 Disclosure Statement V13 Virginia Reach APPLICANT'S NAME L.B.H., L.L.C.,a Virginia limited liability company DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: I Acquisition of Property I Disposition of City Modification of by City I Property Conditions or Proffers ! Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) _ Board of Zoning ' Encroachment Request Rezoning A• eats _ Certificate of Floodplain Variance Appropriateness Street Closure Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board i Conditional Use Permit I License Agreementi Wetlands Board • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. 4 ,.,_. M.__.� SECTION 1 / APPLICANT DISCLOSURE FOR Cr US: , Ly/All disclosures must be updated two r21 weeks prior to any Page 1 of 7 Plannine Commission and Cit Council roes inq:hat oertains to the a,plicationrs). i o APPLICANT NOTIFIED OF HEARING DATE: NO CHANGES As OF DATE: t/23/'c JS Jonathan Sanders 0 REVISIONS SUBMITTED DATE: L.B.H., LLC Agenda Item 6 Page 12 Disclosure Statement Virginia Beach n Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. X Check here if the APPLICANT iS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:L.B.H., L.L.C. If an LLC, list all member's names: Robert L. Prodan, II, Manager:Arnholding Marketing Services. Inc.:James M. Arnhold, President/Treasurer If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business,or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 L.B.H., LLC Agenda Item 6 Page 13 Disclosure Statement Virginia Beath If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entitles. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a dose working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 L.B.H., LLC Agenda Item 6 Page 14 Disclosure Statement APPLICANT Virginia Beach PROVIDER(use additional sheets if YES NO SERVICE needed) Fl ® Accounting and/or preparer of I I your tax return ❑ Architect/Landscape Architect/ Lyall Design Architects �• •� j Land Planner _ Contract Purchaser(if other than 1 the Apolicant)-identify purchaser and purchaser's service providers Any other pending or proposed I I (1 purchaser of the subject property LJ I I (identify purchaser(s)and purchaser's service providers) X ❑ Construction Contractors Home Associates of Virginia,Inc. X [-Engineers/Surveyors/Agents Site Improvement Associates,Inc. Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) X ❑ I Legal Services Sykes,Bourdon,Ahem&Levy,P.C.' Real Estate Brokers / 171 Agents/Realtors for current and Canticipated future sales of the [ subject property _ j "Robert E.Ruloff.Esquire SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have n an Interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 L.B.H., LLC Agenda Item 6 Page 15 Disclosure Statement NA3 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this A Q.B.H., Robert L. Prodan,Il,Manager By: if s4/45 A SIGNATURE PRINT NAME DATE Page 5 of 7 L.B.H., LLC Agenda Item 6 Page 16 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. L.B.H., LLC Agenda Item 6 Page 17 Item #6 L.B.H., LLC Conditional Rezoning (R-7.5 Residential to Conditional A-24 Apartment) 463 N. Witchduck Road& the two vacant parcels to the south District—Bayside JANUARY 9,2019 APPROVED Ms. Garrido: Next we have item number six L.B.H., LLC, an application for a conditional rezoning from R-7.5 residential to conditional A-24 apartment on property located at 463 North Witchduck Road and the two vacant parcels to the south. Is there a representative for this application? Mr. Bourdon: Madam Chair for the record, Eddie Bourdon, Virginia Beach attorney representing L.B.H. With me, this afternoon is Mr. Rob Prodan who is the managing member of L.B.H. My clients worked on assembling these three parcels on the west side of N. Witchduck Road for two years and have put together the properties and with dialogue with city staff Jonathan and Carolyn Smith and more recently with the Bill Landfair as well. The subject property is on the west side of N. Witchduck Road, a major arterial highway with a median strip. There is no median break. To our north is Whitaker Place, which was rezoned in 2012 and I am fairly certain that I did that rezoning and I as a part of that rezoning. It was a required proffer that they provide the ability to access this property or assemblage of property as there are three lots involved in this in the future in order to help create some cohesiveness along there. So that's a 23 unit condominium that has got underlying A-12 with the PD-H zoning in place. The folks at Lyle Design Group, the architects have done I think a very nice job with this project. This is a condominium unit for sale in two buildings. One and two bedroom units. The designated prices will be in the mid 200s for the units as they are sold. The building materials are proffered and as I think you all are aware, the board and batten and the brick water board and the shake siding, there is lap siding. The lap siding we will revise the proffer between here and City Council that it will be the premium vinyl lap siding, which you are familiar with, and it's not like the old time vinyl siding where you get a lot of different problems with over time with maintenance. Well this will be a condominium. Everything will be maintained by the association. The only reason this is an A-24 because of the lot coverage because of the parking area and the drive aisles or all counted as lot coverage in the apartment zoning district, the density is seventeen and a half units per acres, 28 units by contrast Whitaker Place to the north has 23 units. They are all single-family condominium unit buildings and if you look at the two side-by- side, there is a lot more open space and open area that's usable. This is a huge amount. There is non frankly at Whitaker Place because of the way it's designed with the single-family. This does allow for a lot less building on the property 1 than, there - compatible density wise and value wise. All the drainage, storm water drainage from this project will go into Witchduck Lake, which is a regional BMP. It will not cause anybody any flooding or other similar issues. The access is right-in and right-out on North Witchduck Road, which is a major arterial highway with capacity. Because the units are one and two-bedroom units, they won't be a great deal of school impacts but all the schools in the area, in this district are under capacity. This section of Witchduck Road, as I travel fairly often, is not one that is,well if all roads were as effective and moving traffic is the section of north Witchduck Road, we wouldn't have any traffic problems. So obviously between the Boulevard and 264 is somewhat problematic now, but it will soon be better with the road improvements that are taking place there. Staff has recommend approval of this item. We greatly appreciate that recommendation. We worked closely with staff and this was on the consent agenda earlier. The couple of things I will mention. We are aware of this letter that came in late yesterday from the Aragona Village Civic League which we do not abut and across this major arterial from but we will reach out to them and have a meeting with them before this matter goes to City Council. On the first page of the staff report, it indicates that the property to the north is zoned R-7.5 but it's in fact PD-H2 with A-12, which is the Whitaker Place, I am speaking about. But it's correct elsewhere in the write-up. With that, we are happy to answer any questions that you may have regarding this application. Ms. Oliver: Anybody have any questions for Mr. Bourdon? Okay, thank you. I am going to go ahead and call. Ms. Garrido: We have one speaker in opposition George Hayden. Please state your name for the record sir. Mr. Hayden: Good afternoon, George Hayden, I am at 448 North Witchduck Road that is just across the arterial road as they said for Witchduck and three above north of Erskine. Ms. Oliver: There is a pointer right there, if you would like to use it and you can show us. Mr. Hayden: Right there. Ms. Oliver: Okay. Mr. Hayden: And I have three concerns. One is density as Witchduck Place is developed at 23 total units that was not present when I reside. When I first moved to Witchduck Road which was five years ago, five and a half years ago and that's the concern, primarily because of rising tax rates and lot of my neighbors have expressed concern about that including Aragona Civic League. Perhaps he could tell us just tree line space which I guess which is my second concern, which is an amount of water that's accumulates. This is going to be insoluble surface area, which will not be able to absorb rainfall. As stated, Witchduck Lake, which is behind their property, is not a sufficient source for the rainfall because I was here for the remnants of Hurricane Matthew, which was about two and a half years ago. Witchduck Road was flooded and the water was not quite reaching at doorways 2 but when vehicles did pass as they were going slower about 10-15 miles an hour, it would cause a bit of wake which would creep up on to the grass of our yards. Ms. Oliver: Jonathan can you go back to the street aerial view please? Mr. Hayden: So this side, you can tell the buildings, the houses they are about 10 feet from the street, from the road and that was a concern for the flood waters. Hurricane Matthew, water was about 8 inches deep on Witchduck Road which was over the curb on to the sidewalk. My third concern is regards to traffic. Say there's 58 spaces for parking. The traffic already backs up at 4 p.m. through this area, standstill traffic, south down Witchduck Road. It's two lanes. It's not that major of a road. As already stated, as we already know that light rail is not coming to that part of the city and really that wouldn't alleviate the traffic much beyond the 58 parking spaces and that's what I want to say that. Well there was this traffic backing up about there. Ms. Oliver: Okay. Mr. Hayden: Ambulances, EMS crews that run through the street many times, won't be able to efficiently do their job in times of after school. Ms. Oliver: Thank you. Mr. Hayden unfortunately your three minutes has passed, our red light doesn't seem to be working today and so but we will, do we have any questions for Mr. Hayden, any Commissioners any questions, well thank you very much. Mr. Hayden: Thank you very much for your time. Ms. Oliver: Thank you. Anymore speakers? Ms. Fisher: No more speakers. Ms. Oliver: Alright Mr. Bourdon, would you like to come up for the rebuttal please. Ms. Wilson: Chairman. Ms. Oliver: Yes ma'am. Ms. Wilson: Mr. Graham has something in regard to his conflict of interest. Mr. Graham: I do know the applicant but I did not have a financial interest in the project. Ms. Wilson: So you intend to vote? Mr. Graham: I do. Mr. Wilson: Thank you. Mr. Bourdon: The issue as far as storm water is concerned, I am not personally familiar with any flood damage that took place in this area and as we all know the storm water in Virginia Beach that is predominantly flat during storm events. The roads are where the water supposed to be if there are bad enough storm of versus in the people's houses but all of the storm water drainage from this development will be captured, none of it will be going in the N. Witchduck Road. It will be going into 3 Witchduck Lake, which is a regional BMP with ample capacity to handle the outfall of storm water from this property. Again, the amount of development itself, the building themselves do not occupy that much of the site comparatively speaking but the parking lot is the reason because in the Apartment zoning district that parking and drive aisles count. That's why they add 24 for 17 and a half units per acre. The gentleman lives on the opposite side of N. Witchduck Road which has a median all the way down it, the only access that they have is a right-in and right-out. Similarly this development, the access that it will have is a right-in and right-out. Consequently and again there is ample capacity in this section of N. Witchduck Road, but the impact to the north bound or eastern side of N. Witchduck Road of this development frankly is pretty minor if any of that's real measurable hospital, up to the north, if they are going to hospital they are on the opposite side of the road from this development so I am not really following the progression of the logical argument that this somehow will have an impact on the ability of an ambulance to get to the hospital. I will be happy to answer any questions. We think it's a high quality addition. We have B-2 property to the north of Whitaker Place and other B-2 properties to the south and this is on a major arterial highway. Developing it like Aragona Village, Aragona Village has nice neighborhood but we don't want to see what's over here with a bunch of curb cuts all along the road and that's what this type of cohesive development doesn't have. We removed that possibility. I will be happy to answer any questions. Ms. Oliver: Any questions for Mr. Bourdon?Yes Mr. Wall. Mr. Wall: So a condo association that's a different home ownership, is that? Mr. Bourdon: Correct. Mr. Wall: Okay, alright. Mr. Bourdon: It will be a for sell to a home owner, you know, product. Ms. Oliver: Any other questions for Mr. Bourdon? Thank you very much. Mr. Bourdon: Thank you very much. Ms. Oliver: At this time, we will close the public hearing and open it up to discussion for the Commissioners. Mr. Redmond. Mr. Redmond:Madam chairwoman, I would move approval of the application. Ms. Oliver: Okay, do we have a second? Mr. Ripley: I second. Ms. Oliver: Alright, call for the question. Mr. Fisher: Vote is open. Ms. Garrido: Alright, by recorded vote of 10-0, item number six, L.B.H., LLC has been approved. Ms. Oliver: Yes sir. 4 Mr. Bourdon: Madam Chair if I could indulge for a second, what you said at the beginning, I mean about Mr. Frankenfield and Jimmy, couldn't have been said any better. I just want to echo, what you had to say there, as Robert as well, excellent city employees. If there ever were to be a City of Virginia Beach employee hall of fame, Barry would be there. Mr. Frankenfield: I am in it already. Mr. Bourdon: Congratulations! Thank you all. Ms. Oliver: Thank you. AYE 10 NAY 0 ABS 0 ABSENT 1 ALCARAZ AYE BARNES AYE GRAHAM AYE HORSLEY AYE INMAN ABSENT OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE WALL AYE WEINER AYE PROFFERS: 1. When the Property is developed, it shall be as a residential apartment or condominium, substantially in accordance with the preliminary site plan designated "LBH LLC Witchduck Flats Witchduck Road, Virginia Beach, Virginia", dated October 23, 2018, prepared by Lyall Design Architects, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Concept Plan"). 2. When the Property is developed, vehicular Ingress and Egress to the Property shall be via one (1) entrance from Witchduck Road with vehicular cross access provided to the residential condominium to the north as depicted on the Concept Plan. 3. The total number of dwelling units permitted to be constructed on the Property shall not exceed twenty-eight (28). Each dwelling unit shall contain between 700 to 1250 square feet of living area. Perimeter fencing outside of the front yard setback from Witchduck Road shall be six foot(6')high white vinyl privacy fencing. 4. The architectural design and exterior building materials to be utilized on proposed Buildings "A" and "B", as designated on the Concept Plan, will be substantially as depicted on the exhibit containing a "Long" and "Short" Elevation of "Building A" and 5 of "Building B" entitled "LBH LLC WITCHDUCK FLATS" dated October 23, 2018, prepared by Lyall Design Architects; and on the two (2) renderings designated "Entrance View from Witchduck Road" and "Aerial View from Witchduck Road" on the exhibits entitled "LBH LLC Witchduck Flats Witchduck Road, Virginia Beach, Virginia" dated October 23, 2018, prepared by Lyall Design Architects, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. The exterior building materials shall be a combination of architectural shingles, brick veneer, lap siding, shake siding, and board and batten siding. 5. When the Property is developed, the community identification sign designated on the Concept Plan shall be substantially as depicted and described on the exhibit entitled, "WITCHDUCK FLATS SIGN", which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 6. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements 6 • off. :- ": CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE 4-J. s-_:i- 6 OF OUR NAt‘ONS In Reply Refer To Our File No. DF-9943 DATE: January 25, 2019 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson DEPT: City Attorney RE: Conditional Zoning Application; L.B.H., LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on February 5, 2019. I have reviewed the subject proffer agreement, dated October 23, 2018 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Nancy Bloom L.B.H., L.L.C., a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT,made this 23rd day of October,2018,by and between L.B.H., L.L.C., a Virginia limited liability company,Grantor;and THE CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of three (3) contiguous parcels of property located in the Bayside District of the City of Virginia Beach,containing approximately 1.597 acres which are more particularly described as "Parcel 1", "Parcel 2" and "Parcel 3" in Exhibit "A" attached hereto and incorporated herein by this reference. Said parcels are hereinafter referred to collectively as the "Property"; and WHEREAS,the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach,Virginia,by petition addressed to the Grantee so as to change the Zoning Classification of the Property from R-7.5 Residential District to Conditional A-24 Apartment District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS,the Grantor acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain GPIN: 1467-87-6985-0000 Parcel 1 1467-87-8867-0000 Parcell 1467-87-8997-0000 Parcel 3 Prepared By: R.Edward Bourdon,Jr.,Esquire VSB#22160 Sykes,Bourdon,Ahern&Levy,P.C. 281 Independence Boulevard Pembroke One,Fifth Floor Virginia Beach,Virginia 23462 reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS,the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for in the A-24 Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation,and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, for itself, its successors, personal representatives, assigns, grantee, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid fro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantee, and other successors in interest or title: 1. When the Property is developed, it shall be as a residential apartment or condominium, substantially in accordance with the preliminary site plan designated"LBH LLC Witchduck Flats Witchduck Road,Virginia Beach, Virginia", dated October 23, 2018, prepared by Lyall Design Architects, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning(the"Concept Plan"). 2. When the Property is developed, vehicular Ingress and Egress to the Property shall be via one (1) entrance from Witchduck Road with vehicular cross access provided to the residential condominium to the north as depicted on the Concept Plan. 3. The total number of dwelling units permitted to be constructed on the Property shall not exceed twenty-eight(28). Each dwelling unit shall contain between 700 to 1250 square feet of living area. Perimeter fencing outside of the front yard setback from Witchduck Road shall be six foot(6')high white vinyl privacy fencing. 2 4. The architectural design and exterior building materials to be utilized on proposed Buildings ."A" and "B", as designated on the Concept Plan, will be substantially as depicted on the exhibit containing a "Long" and "Short" Elevation of "Building A" and of "Building B" entitled "LBH LLC WITCHDUCK FLATS" dated October 23, 2018, prepared by Lyall Design Architects; and on the two (2) renderings designated "Entrance View from Witchduck Road" and "Aerial View from Witchduck Road" on the exhibits entitled "LBH LLC Witchduck Flats Witchduck Road, Virginia Beach, Virginia" dated October 23, 2018, prepared by Lyall Design Architects,which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. The exterior building materials shall be a combination of architectural shingles,brick veneer,premium grade vinyl lap siding,faux vinyl shake siding, and vinyl board and batten siding. 5. When the Property is developed,the community identification sign designated on the Concept Plan shall be substantially as depicted and described on the exhibit entitled, "WITCHDUCK FLATS SIGN",which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 6. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded,said instrument shall be void. 3 The Grantor covenants and agrees that: (i) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator,made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantor and the Grantee. 4 WITNESS the following signature and seal: Grantor: L.B.H., L.L.C.,a Virginia limited liability company By: (SEAL) R . rodan,II, Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this v.., day of October,2018, by Robert L. Prodan,II,Manager of L.B.H.,L.L.C.,a Virginia limited liability company,Grantor. Suck_ - ?owe), Notary Public My Commission Expires: l0a Ca ••a G. POS ,,, Notary Registration Number: 310ol10 I10 •' Or.•••••• 4/: PuBLIC • REG#369616 MY COMMISSION: ▪ 0 : EXPIRES 2/2812021 c C.) °'a • ........ 5 EXHIBIT"A" LEGAL DESCRIPTION Parcel 1: ALL THAT certain lot,piece or parcel of land,situate,lying and being on the Bayside Road(now Witchduck Road), Kempsville Borough, in the City of Virginia Beach, Virginia, shown on a certain plat made by C.R. McIntire, August 12, 1942, and is made part of the deed of Helen Simmons and others to Helen Simmons, dated May 5, 1943, and recorded in Map Book 14, at Page 42,the property hereby conveyed being designated on said plat as"No. 1 Sarah Miller 0.56 Acres,more or less"and to which plat reference is hereby made for a more particular description of said property. LESS AND EXCEPT the portion of the property conveyed to the City of Virginia Beach by Deed from Sarah Miller dated August 12, 1981 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach in Deed Book 2149,at Page 635. GPIN: 1467-87-6985-0000 Parcel 2: ALL THAT certain lot, piece or parcel of land, situate, lying and being on Bayside Road (now Witchduck Road), Kempsville Magisterial District, in Princess Anne Count (formerly) now known as the City of Virginia Beach,Virginia, shown on a certain plat made by C.R. McIntire, August 12,1942,and which plat is made part of the deed of Helen Simmons,dated May 5,1943, and recorded in Map Book 14, at Page 42, the property hereby conveyed being designated on said plat as"No.2 Nancy Gordon 0.56 Acres,more or less"and to which plat reference is hereby made for a more particular description of said property. LESS AND EXCEPT the portion of the property conveyed to the City of Virginia Beach by Deed from Andrew L. Wilson and Margaret Wilson, husband and wife; Evelyn Gordon, unmarried; Mathew Gordon, unmarried and Clarence Gordon, unmarried, dated October 24, 1979 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach in Deed Book 1978,at Page 256. GPIN: 1467-87-8867-0000 Parcel 3: All that certain lot, piece or parcel of land, situate, lying and being on the Bay Side Road, Kempsville Magisterial District,in Princess Anne County,Virginia,shown on a certain plat made by C. R. McIntire, August 12th, 1943, and which plat is made a part of the deed from Helen Simmons,et als,to Helen Simmons,dated May 5th,1943,and duly recorded,the property hereby 6 conveyed being designated on said plat as "No. 3, Mamie Simmons, 0.56 acres, more or less", and to which plat reference is hereby made for a more particular description of said property". GPIN: 1467-87-8997-0000 H:\AM\Conditional Rezoning\LBH LLC\Witchduck Flats\Proffer Agreement io-22-2oi8.docx 7 ' i+ rL I •-,---„,,______ I I I • CNI ----------„,...„7 /I ' I i'l 1 i ' ' 1 r r ; I I II 1 I I 1 i ' i 04 ` I' _ 0 m "i / ■ ILL., _ •�J'' I x1111 ' M i rr "--moi__ ; I1 ;it �tit'' 1 r t1 .fff l' 1 _ - - - I 1 rII • R ctrl {1 f 0 (I I` C:=3 P r. r I 1 l 11 r ) ..,^ 1 1 I I 1 r i I t/ i CD lir 11 ai i i <> 0 I ill I e I j; I it i. i 1 g. �'VI 1r till: i I 111IN cli 111111111 8,11 i q 'ft OIL ' , , Iair D ,w, I '1 r ir ~ 'I i ID„,, ,..„, co , f_____________ _ ` t1 r Cr t IlkIII 'rr I Ir t ' t 7 0 i � i I r I ; '3,1„.....„ it � 1 kill* I Ilr -- ' --1,-------1 " 'r it r' «- )( I 1 '1 f 1i-I - I' r r i , ' % iii i___ 111014 .1 i ,,, 1 _e� r !. 0C---j ! j , , ci_:- CNI ,' r` r I 1 i aU I '1 , i rU , ' �1 4:1::::7 1 I ' +* if I -NI 1-2- C 1 0 , ' 11 II . s.,.,>\e -s.,.,> OLO 0 I i f 1 r ir i I I--__ I. ' I I 0 I No 11 7 I i r __, _,J , � r11).l �1 1 ONO r_+--, _`V: �� 'Ca \i3 I 44 t \03 ,011 //FLi f ,r1 1 II rk rIL,------.'V- - I's it CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: RICHARD C. TROTMAN & 7 CITIES TATTOO, LLC [Applicant] RICHARD C. TROTMAN [Property Owner] Conditional Change of Zoning (B-1 Neighborhood Business to Conditional B-2 Community Business), Subdivision Variance (Section 4.4 (b) of the Subdivision Regulations), and a Conditional Use Permit (Tattoo Parlor) for the property located at 5296, 5298, 5300, 5302, 5304, 5306, 5308, 5310, 5312, 5314, 5316, 5318 Providence Road (GPIN 1466443690), COUNCIL DISTRICT — KEMPSVILLE. MEETING DATE: February 5, 2019 • Background: The 1.77-acre site was developed in 1977 with a 13,400 square-foot shopping center and associated parking. The site is currently zoned B-1 Neighborhood Business District and a variety of tenants occupy units within the center including an eye care office, a barber shop, a yoga studio and a dentist office. Since tattoo parlors are not allowed in the B-1 District, the property owner proposes to rezone the site to B-2 Community Business District and has submitted a Conditional Use Permit application for a Tattoo Parlor. The proffer agreement does restrict uses that could be impactful to adjacent residents, such as automobile service stations, motor vehicle sales, and bulk storage yards. Although the site has more than the required 100 feet of frontage along Providence Road (280 feet), lot width is determined using the smallest portion of the parcel that abuts a right-of-way, rather than the largest portion of the parcel. In this instance, as the Lord Dunmore frontage is the smaller of the two frontages, the lot width is measured from this right-of-way. Based on this, the lot width of the parcel is measured as 25 feet, thereby necessitating a Subdivision Variance to lot width in order to properly record the B-2 parcel. There is an existing non-conforming freestanding sign on the site that the property owner has agreed to remove and replace with a conforming eight-foot tall monument style sign with a brick base. Besides the replacement of this freestanding sign, and a proposed wall-mounted sign above the entrance for the tattoo studio, no other changes are proposed to the building or to the site. All property in the B-2 Community Business District adjoining residentially zoned property is required to have a 15-foot yard with Category IV landscaping. The northern property line adjoins property zoned R-10 residential and the backyards of five single-family dwellings. A rear asphalt drive accessway currently exists on Richard C. Trotman & 7 Cities Tattoo, LLC Page 2 of 3 the subject parcel. As such, a deviation to the landscape requirement is requested. Though this property is in close proximity to single-family dwellings, most of the on-site activity is located in front of the building and away from the northern property line. • Considerations: The request to rezone the property from B-1 Neighborhood Business to Conditional B-2 Community Business is an acceptable request given that three of the four quadrants of the intersection of Providence Drive and Lord Dunmore Drive are currently zoned B-2. In addition, based on the proffer agreement the more objectionable uses permitted in the B-2 District will be prohibited from operating on this site. The request for a Subdivision Variance is acceptable given the circumstance that the subject site has over 280 feet along Providence Road, which is more than sufficient to provide safe vehicular ingress/egress for the site. In terms of the Conditional Use Permit, according to the applicant, the proposed tattoo studio is rather unique in that only three artists will work at this location and by appointment only. Based on this, it is Staff's view, as well as that of the Planning Commission, that this use will not result in an unreasonable amount of traffic, excessive noise, nor be an inconvenience for the existing tenants of the center, their customers or the surrounding residents. There were two speakers who noted concerns that additional traffic from the tattoo parlor use could increase congestion at the entrance into their neighborhood, and that there are many other properties in the vicinity that are already zoned B-2. One citizen did voice concerns about increasing the intensity of the zoning to B-2. At the Planning Commission public hearing, the applicant agreed to a condition that would limit the hours of operation to between 8:00 a.m. and 7:00 p.m. This additional condition is identified with underlined text below. Further details pertaining to the request, as well as Staff's evaluation, are provided in the attached Staff report. • Recommendations: City Staff recommends approval of this request. The Planning Commission passed a motion to recommend approval of this request by a vote of 10-0. Subdivision Variance 1. When subdivided, the property shall be developed as shown on the submitted subdivision exhibit entitled "REMAINDER OF PARCEL A-5 PLAT NO. 2, SURVEY OF A PORTION OF THE ESTATE OF J.C. HUDGINS FOR THE SEABOARD CITIZENS NATIONAL BANK OF NORFOLK" dated December 16, 2018, and prepared by Fox Land Surveying, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. Richard C. Trotman & 7 Cities Tattoo, LLC Page 3 of 3 2. The existing non-conforming freestanding sign shall be removed. Any new freestanding sign shall be monument style, no taller than eight feet in height, and have a brick base to match the building. Conditional Use Permit 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. Window signage shall not be permitted. Any wall-mounted sign shall be substantially as shown in the wall mounted sign exhibit on page 9 of this report. No box sign shall be permitted. A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. 4. The hours of operation of the Tattoo Parlor shall be limited to between 8:00 am and 7:00 pm. • Attachments: Staff Report and Disclosure Statements Proffer Agreement Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Dep- a Agency: Planning Departmen 4 City Manager: �;� Applicants Richard C. Trotman & 7 Cities Tattoo, LLCvB Agenda Item Property Owner Richard C. Trotman Public Hearing January 9, 2019 City Council Election District Kempsville 2 Virginia Beach Request Conditional Rezoning (B-1 Neighborhood Business to Conditional B-2 Community Business) °_: Conditional Use Permit (Tattoo Parlor) e'.d . `"°R L,P eda�a L Subdivision Variance (Section 4.4 (b) of the , o a F o \i. Subdivision Regulations) s G 4 4 d,a"o. Staff Recommendation 3° ,,roc. Approval L Staff Planner „,....t3 $ spa Jimmy McNamara / sk M1 s ! c Location ,5 ' 5296, 5298, 5300, 5302, 5304, 5306 5308, 5310, 1 c` 3 A° ."4j..+ t w { 5312, 5314, 5316, 5318 Providence Road `s_ vF GP!N 1466443690 Site Size 1.77 acres AICUZ Less than 65 dB DNL Watershed = Chesapeake Bay �" 4 . et Existing Land Use and Zoning District ;� : ,4 Shopping center/ B-1 Neighborhood Business r� , Surrounding Land Uses and Zoning Districts • 4k .' r r • Northl - -T` ` --,-1....'-44--, 'f" ` . Single-family dwellings/R-10 Residential South r.. ort si' 4 Yip r Providence Road r ' • N- ,V®�4� l Shopping Center/B-2 Community Business '4. 'K , ` .- . ..• !r '4/__14.4q.1„,,/, East ' F .fit "' f ad7r ;4.. ,P„ 'e0 e/... Bank/B-2 Community Business „,, ' �� a��D•rw Lord Dunmore Drive _ x West ,. -e":., ."--y- . `, , Walton Drive Medical office/0-2 Office Richard C. Trotman & 7 Cities Tattoo, LLC Agenda Item 2 Page 1 Background and Summary of Proposal • In 1977, a deed (Deed Book 1651, Page 347) was recorded that subdivided this 1.77 acres from a larger parcel. At this time, a plat was required in order to properly subdivide the property; however, a plat was never recorded as was required. • The site with frontage along both Lord Dunmore and Providence Road was developed in 1977 with a 13,400 square-foot shopping center and associated parking. The site is currently zoned B-1 Neighborhood Business and has a variety of tenants within the existing business center including an eye care office, a barber shop, a yoga studio and a dentist office. • Recently, 7 Cities Tattoo, LLC approached the owner of the business center about leasing space for a tattoo studio. Upon attempting to obtain a business license, it was revealed that tattoo studios are not permitted on property zoned B-1 Neighborhood Business District. Subsequently,the property owner and the owner of the tattoo business submitted this request to rezone the site to B-2 Community Business District, a Subdivision Variance to lot width, and a Conditional Use Permit for a Tattoo Parlor. • All of the existing uses within the business center noted above are all permitted in the B-2 Community Business District. While the B-2 district allows uses that have a potential to be impactful to adjacent residential uses, the proffer agreement restricts uses such as automobile service stations, motor vehicle sales and bulk storage yards, among others, from the site • Although the site has more than the required 100 feet of frontage along Providence Road (280 feet), lot width is determined using the smallest portion of the parcel that abuts a right-of-way, rather than the largest portion of the parcel. In this instance, as the Lord Dunmore frontage is the smaller of the two frontages, the lot width is measured from this right-of-way. Based on this, the lot width of the parcel is measured as 25 feet, thereby necessitating a Subdivision Variance to lot width in order to rezone the property to B-2 Community Business District. Required Proposed Lot A-5-A Lot Width in Feet 100 feet 25* Lot Area in Square Feet 20,000 77,465 *Subdivision Variance to lot width requested • The Tattoo Parlor is proposed to be located within an 800 square foot unit within the shopping center. It is anticipated that three employees will work at the location. Three workstations are proposed and will be separated and not visible from the lobby area. The lobby will also be used for the display of artwork. Typical hours of operation will be from 10:00 a.m. to 7:00 p.m. • Access to the site is provided via three points of ingress/egress, two of which are located on Providence Road and one shared access ingress/egress point on Lord Dunmore Drive (Deed Book 1750, Page 258). • There is an existing non-conforming freestanding sign on the site which is to be removed and replaced with a conforming monument style sign with a brick base, no taller than eight feet in height. Besides the removal and replacement of the freestanding sign, and the wall mounted sign above the tattoo studio unit, no other changes are proposed to the exterior of the site. Richard C.Trotman & 7 Cities Tattoo, LLC Agenda Item 2 Page 2 • A non-illuminated wall-mounted sign consistent with the style and coloring of other wall-mounted signs within the shopping center, as shown on page 9 of this report, is proposed to be located beside the main entry to the space that the Tattoo Parlor proposes to occupy. * UU C , 4•zs Lf--t,— it: . 11 1_, tr • IMP 114 a ` Wi�,a4[2:3C1Zoning History � irt0.2 7iP • 4iii1i. 1 _ # Request ,,�".1. _ 1' 1 CUP(Family Day-Care Home) Approved 11/13/2012 2 CUP(Car Wash)Approved 07/02/2002 44 a 3 CUP(Indoor Recreation Facility)Approved 11/20/2015 ,_________ ,_.a* ___ :1,r3 . • B-2 ) f 4.7 J! 2 Q ';fit , rl i Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation and Recommendation With regards to the request to rezone the property from B-1 Neighborhood Business to Conditional B-2 Community Business, Staff finds this to be an acceptable request. When looking at the intersection of Lord Dunmore Drive and Providence Road, three of the four quadrants of the intersection are currently zoned B-2. As much of the activity on this site will occur in front of the building and away from the residences, Staff supports this rezoning request. In addition to this request, the applicant has agreed to remove the existing non-conforming sign. Section 903 of the Zoning Ordinance requires that all property zoned B-2 Community Business district that adjoins residentially zoned property is required to have a 15-foot yard with Category IV landscaping. The northern property line adjoins property zoned R-10 residential and the backyards of five single-family dwellings. A rear asphalt drive accessway currently exists on the subject parcel. As such a deviation to the landscape requirement is requested. Though this property is in close proximity to single-family dwellings, most of the activity is located in front of the building and away from the property line. Staff is unaware of any zoning complaints on this property from adjacent neighbors. Therefore, Staff supports this request to deviate the landscape requirement. Section 9.3 of the Subdivision Regulations states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. Richard C. Trotman & 7 Cities Tattoo, LLC Agenda Item 2 Page 3 D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. Staff finds the request for a Subdivision Variance to be acceptable given the circumstance that the subject site has over 280 feet along Providence Road. This site has existed with a separate GPIN and has been taxed as an individual parcel for over 40 years. Finally,the request for a Conditional Use Permit to operate a Tattoo Parlor within one of the units of the business center is compatible with all of the other uses of the shopping center. Staff recommends approval of all three requests subject to the recommended conditions and proffers below. Recommended Conditions Subdivision Variance 1. When subdivided,the property shall be developed as shown on the submitted subdivision exhibit entitled "REMAINDER OF PARCEL A-5 PLAT NO. 2,SURVEY OF A PORTION OF THE ESTATE OF J.C. HUDGINS FOR THE SEABOARD CITIZENS NATIONAL BANK OF NORFOLK" dated December 16, 2018, and prepared by Fox Land Surveying, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 2. The existing non-conforming freestanding sign shall be removed. Any new freestanding sign shall be monument style, no taller than eight feet in height, and have a brick base to match the building. Conditional Use Permit 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon,electronic display or similar sign installed on the exterior of the building or in any window,or on the doors.Window signage shall not be permitted.Any wall-mounted sign shall be substantially as shown in the wall mounted sign exhibit on page 9 of this report. No box sign shall be permitted. A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. 4. The hours of operation of the Tattoo Parlor shall be limited to between 8:00 am and 7:00 pm. Richard C.Trotman &7 Cities Tattoo, LLC Agenda Item 2 Page 4 Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: The Property is developed with the "Fairfield Square Shopping Center" substantially as shown on that certain concept plan of 5318 Providence Road Virginia Beach, Virginia, (hereinafter called "Concept Plan") which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. The Property may be used for those uses (permitted or with an approved Conditional Use Permit) as allowed in the B-2 Zoning District under the Grantee's C.Z.O., with the following exceptions, which are not permitted: a) Animal pounds, shelters or commercial kennels b) Boat Sales c) Motor Vehicle Sales d) Grocery Stores e) Liquor Stores f) Communications Towers g) Mini-Warehouses h) Automobile Repair Garages i) Automobile Service Stations j) Bars or Nightclubs k) Borrow Pits I) Bulk Storage Yards Proffer 2: All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. Proffer 3: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. Staff Comments: The submitted proffers provide confidence that the potential uses on the property will be compatible with the surrounding properties. Comprehensive Plan Recommendations The Comprehensive Plan recognizes this property as being within the Suburban Area. Guiding principles have been established in the Comprehensive Plan to guard against possible threats to the stability of the Suburban Area and to provide a frame work for neighbors and places that are increasingly vibrant and distinctive. The Plan's primary guiding principle for the Suburban Area is to create "Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and the future. Richard C. Trotman & 7 Cities Tattoo, LLC Agenda Item 2 Page 5 Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. There are no known significant natural or cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic 14,800 ADT (LOS 2"C") Providence Road 22,700 ADT 1 27,300 ADT 1(LOS 2"D") No Change Anticipated 1 Average Daily Trips 2 LOS=Level of Service Public Utility Impacts Water The site is currently connected to City water. Sewer The site is currently connected to City sanitary sewer. Richard C.Trotman &7 Cities Tattoo, LLC Agenda Item 2 Page 6 Proposed Site Layout 380wNnQ 0601 a u_ 0 ,n C7 C U `11c C O .� QPx W 0_ > U - O o u) -0 cv 5 a, 3 CC) O " O CO C a. a co w (/) CO ._ LL in > w i LL 0 c c E L O � A � C -ii a to NO11VM0 Richard C. Trotman &7 Cities Tattoo, LLC Agenda Item 2 Page 7 Subdivision Exhibit (9r d 'sr' err) M/X .09 ^' ---:" ��' . Ha .3b'OWNf1/a 007 b F N 0 Ca a 33 WWJ� , a ' A CC LU U W,00'5/i M _948;.j ___ __._.. pp y 0 W `M^i tie r L__ ..,.. _ b v • E a 3; sloe 3 litN b b��^ Ai C`~" 03 H ''.\ 1Z3 2 `5 A W CN ..).2........„.......— i ,P.9"891 J ,00'00Z 7.9L,9r.L! N (rl 'd '191 'B r") - ---- Richard C. Trotman & 7 Cities Tattoo, LLC Agenda Item 2 Page 8 Proposed Wall-Mounted Sign � r (Alla & TA1 ,0\ 'MUM 1�11'llllll CoilsultatiOI1 l,ucsda\ S 1Oant - 61)111 Closed Sundays Monda\ S JL t 4111,11IL Richard C. Trotman &7 Cities Tattoo, LLC Agenda Item 2 Page 9 Site Photos - t,-— -SCP---- -- .- Mr 71.- , • FIEL it S'ISf f a xaa Ar : rrrr 7.-" -. , .mAINShc lFr4 , `613.; • 1 {Fi'sem_ ilk ES'F CEMTEM IP —� Mao ::, 7. uYHanwnf PHN'•,•1 i _ _.. .. r - 1 Esta TEALL YOGA STUOro _ � , it FAIRY ocFnmtr _ .ram Richard C.Trotman & 7 Cities Tattoo, LLC Agenda Item 2 Page 10 Disclosure Statement Virginia Beach APPLICANTS NAME Richard C. Trotman & 7 Cities Tattoo, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE ,red two(2 Page 1 of 7 g Cc meeting that pertains tc 0 APPLICANT NOTIFIED OF HEARING Er, NO CHANCES AS OF DAT F 1 2.5f I t Jimmy McNamara 0 REVISIONS SUBMITTED DATE Richard C. Trotman & 7 Cities Tattoo, LLC Agenda Item 2 Page 11 Disclosure Statement Virginia Beach El Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:7 Cities Tattoo, LLC If an LLC, list all member's names: John Joseph Vallaster If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes[ and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name:Richard C. Trotman If an LLC, list the member's names: Page 2 of 7 Richard C.Trotman &7 Cities Tattoo, LLC Agenda Item 2 Page 12 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code §2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities: there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act. Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject_of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Richard C. Trotman & 7 Cities Tattoo, LLC Agenda Item 2 Page 13 Disclosure Statement 1113 APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets If needed) Accounting and/or preparer of your tax return =' Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than r/ the Applicant)- identify purchaser l and purchaser's service providers Any other pending or proposed M purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ElConstruction Contractors Engineers/Surveyors/Agents Fox Land Surveying Financing (include current ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) • ® Legal Services Real Estate Brokers / • Fri Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Richard C. Trotman & 7 Cities Tattoo, LLC Agenda Item 2 Page 14 Disclosure Statement Ii13 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. ,\ ‘6,,, \'Act►\s,.i, APPS .S SIGNATURE PRINT NAME DATE Page 5 of 7 Richard C.Trotman & 7 Cities Tattoo, LLC Agenda Item 2 Page 15 Disclosure Statement OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) ❑ Accounting and/or preparer of Waits Tax Service your tax return C =' Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ " purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors // Engineers/Surveyors/Agents Financing (include current Carter Bank and Trust ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ElLegal Services Pander 8 Coward-Kevin Hubbard Real Estate Brokers / C " Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have Elan interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Richard C.Trotman & 7 Cities Tattoo, LLC Agenda Item 2 Page 16 Disclosure Statement 143 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. J i i�t.'lr.i�f ��lC rr-.Ccc.t 2ica.f.2<? C 7.(2e .2.; T.) /AA 00,6 PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 Richard C.Trotman &7 Cities Tattoo, LLC Agenda Item 2 Page 17 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Richard C.Trotman &7 Cities Tattoo, LLC Agenda Item 2 Page 18 Item #2 Richard C. Trotman & 7 Cities Tattoo, LLC Conditional Use Permit (Tattoo Parlor) Conditional Rezoning (B-1 Neighborhood Business to Conditional B-2 Community Business) Subdivision Variance (Section 4.4 (b) of the Subdivision Regulations) 4857 S. Oliver Drive District—Kempsville JANUARY 9,2019 APPROVED Ms. Oliver: Alright, I would like to thank all the applicants who had a matter on the consent agenda today and these items will now be scheduled to be heard in front of the City Council. The next order of business, we will address the remaining matters on our agenda and before we start, I just want to remind everybody here that if you signed up to speak to be respectful of our time limits, you have three minutes and the yellow light blinks and then the red one and then I have to ask you to sit down, so be mindful of your time before we get started and now I will ask the City Clerk to go ahead and call the first item up please. Ms. Garrido: The first order of business is agenda item number two Richard C. Trotman and 7 Cities Tattoo, LLC. It's an application for a Subdivision Variance of Section 4.4 (b) of Subdivision Regulations, Conditional Rezoning B-1 Neighborhood Business to Conditional B-2 Community Business and Conditional Use Permit Tattoo Parlor on property located at 5296, 5298, 5300, 5302, 5304, 5306, 5308, 5310, 5312, 5314, 5316 and 5318 at Providence Road. Is there a representative here for the application? Ms. Rucinski: Can you come forward. Ms. Wilson: Mr. Graham do you have a conflict of interest you like to have in the record? Mr. Graham: I do know the applicant, the property owner but I do not have an interest in the project. Ms. Wilson: So you intend to vote? Mr. Graham: I do. Ms. Wilson: Thank you. Ms. Oliver: Welcome, how are you, could you state your name for the record please? Mr. Trotman: Yes Richard Trotman. Ms. Oliver: Would you go ahead and tell us a bit about the application? 1 Mr. Trotman: We are just trying to go from B-1 to B-2 with all of the other commercial properties in order, we had a lot of B-2 already I believe and I thought this was just a kind of a normal upgrade to our type of zoning and we are, we would then be able to rent on a broader scope. All the folks that are coming to us to rent from us, so that's basically our reason for doing it. We probably wouldn't have done it had this gentleman from the 7 Cities Tattoo approached us to rent, then we understood that we need to enhance our zoning to accommodate 7 Cities. Ms. Oliver: Okay, alright, would we have somebody that, do you want to tell us about your application real quick, or you the gentleman that is the applicant with that 7 Cities Tattoo, would you like to tell us a little bit about your application and then we will hear from the opposition, okay? Mr. Blaster: My name is John Blaster, our application was to open up a, not a traditional tattoo parlor it's just me and my partner. We have operated independent contractors licenses for the better part of six or seven years now, so we have an established clientele and that is basically what we are going to continue doing is operating with the clientele that we have. It's not a walk-in studio. It's not going to be traffic generating. Probably we are only going to have five or six parking spots occupied at a time. We would be a gallery space/tattoo area, but we are not out there howling at the moon. We're more interested in going in to take care of what we have to and getting back to spend time with our families. Ms. Oliver: Okay great, well thank you and why don't you all take a seat and will have you back up, after we hear from the speakers. Mr. Trotman: Thank you. Ms. Oliver: Thank you very much. Ms. Garrido: We have two speakers in opposition, Wanda Ange and Lyna Levine. Please state your name for the record ma'am. Ms. Ange: I am Wanda Ange, 721 Walton Drive and I actually live right behind where they want to put this tattoo parlor. Ms. Levine: I am Lyna Levine, thank you for hearing us today. I also live on Walton Drive which is adjacent to the area where they are asking to have the strip mall rezoned. Ms. Oliver: I had to interrupt you ladies, but would you all like to speak separately. Ms. Levine: That would be just fine either ways, absolutely fine. Ms. Ange: What you want us to do? Ms. Oliver: Probably separately, might be little bit easier. Ms. Levine: [Crosstalk] finish, you want me to sit down? Ms. Oliver: No, we wanted to you go ahead and then we will start this way, right. Ms. Ange: Alright, I guess one of my main concern is for Fairfield square shopping center to be rezoned from the community shopping center to the business, has all of that we 2 have in there are in communities and we live on Walton Drive where as you come up Providence Road. There is, I believe it's a four-story medical center there. It's Sentara Medical Center. They do not have adequate parking for their employees or their patients, so we have had to fight for that. I have been on that street for 35 years, so when you turn off to Providence Road, you come in to Walton which should be right behind this facility, they want to put in. We have cars lined up where sometimes I am not sure a fire truck could get through there, so we don't need any more traffic in that area. I don't know how much a tattoo parlor would bring in as far as traffic but really don't want to changed from a community business at this time. We feel like it's not necessary. There are so many other places right around there, that's already zoned. Ms. Oliver: Right, and do you mind, I think there is a pointer right there, there is a little black box on your left side and you could take that and press the top button, you can show us exactly where you live, you can take it off, you can pick it up, and there you go and you can show us. Ms. Ange: There is Walton Drive, and you come off Providence Road so I guess is that the little shopping center. Ms. Oliver: Yes ma'am. Ms. Ange: So you go down Walton Drive, I live probably right there. Ms. Oliver: Okay. Ms. Ange: Okay you know what; I live in one of these houses. We really do. Ms. Oliver: Does anybody have any questions? Mr. Weiner: Can I? Ms. Oliver: Yes Mr. Weiner. Mr. Weiner: I know what you are talking about, so I live right around the corner. I know the office building can get very packed. The medical office building and I have seen it, but to go back to what we are talking about, that's in front of us right now, there is a B-i neighborhood business, to go B-2, they could put all the businesses in there could actually draw a more crowd, draw more parking, draw more people and what they are trying to do now, so going from a B-1, we can get our zoning inspector will explain to you little bit better than I can but what can be done could draw more parking than what they are trying to do now. Ms. Ange: Okay but even then would it not have to be rezoned to go from the community to business? Mr. Weiner: No, not no, there could be a B-1 neighborhood with another type of business in there, like in there now. Ms. Ange: Can you give me an example, right now? 3 Mr. Weiner: Well I was going to get our zoning inspector behind you, Mr. Kemp; can you explain for us this better than I can for a B-1 to B-2, what type of businesses that could go in there that could draw more parking in there? Mr. Kemp: Yeah, B-1 is generally it's our neighborhood, commercial zoning district, the intense, use is tend to be less intense. B-2 is our standard commercial zoning district, the more intense uses that differentiate between B-1 and B-2 tend not to be in strip centers. The main differences are that B-2 permit uses such as fast food restaurants with drive throughs and that level of traffic and intensity those uses aren't in B-1, but in this particular situation, those types of uses wouldn't be conducive with the strip center, but a majority of the commercial property located in the city is B-2. Ms. Ange: Right but there are lot of communities, have community shopping center that don't go to business, I really don't know why they want to go in there when there are so many already. Ms. Oliver: Ma'am, do you mind turn around and speaking into the mic. Ms. Ange: I am not sure he answered David's question though, David? Mr. Weiner: Yes,he did. Ms. Ange: Well, I don't understand it then. Ms. Oliver: So this particular applicant, maybe I can explain a little bit when he came up and he stated, he is not the typical tattoo parlor in the fact that he has an open door policy just on-street, he has certain clients that he deals with, by appointment only. They also in this application proffered from a B-1 to a B-2, so this applicant made a list of proffers not to have when they go to the zoning to a B-2 and it says here animal pounds, these are things that they could have. Ms. Ange: I read them. Ms. Oliver: Okay, so they have proffered in there that these will not be in the shopping center. And those are the ones that are typical with the B-2, but these will not be businesses that you will see. Ms. Ange: Well right now Dee, everyone excuse me, at this time that little community shopping center everybody closes early, you know, six the latest is in nail business, the latest is seven,what are the hours going to be for the tattoo? Ms. Oliver: I think his hours are 7 o'clock, 10 to 7 by and what I understand but we can ask him when he comes back up, some more questions for you. Ms. Ange: Okay,well the sign says 10-6. Ms. Oliver: Well, the sign says 10-6, Kevin. The application says 7,but the sign says 6. Mr. McNamara: Their application stated their hours between 10 and 7 but I am sure they can give some clarification on whether or not about signage. 4 Ms. Ange: Can I ask one more question, one of these it says that no bars can be put in there, you know, this changed but couldn't they go before the commission and ask to go in just like they are doing? I don't know, that's way I am asking. Mr. Weiner: They would have to come back in front of us. Ms. Oliver: They have to come back. Ms. Ange: So they could go in there, they just have to come back and ask. Mr. Weiner: It's a proffer they are making, so it becomes part of the zoning. It's not a condition, it's a part, you can do it, and you would have to come back through this whole public process. Ms. Ange: Right,Okay but a tattoo parlor can get approved, then? Ms. Weiner: It could happen on any property. Ms. Ange: Then a bar could get approved or whatever. Mr. Ripley: It has to go through the public process. Ms. Ange: Well, I don't want to go over my three minutes, so that's my opposition. Thank you. Ms. Oliver: Thank you very much. You want to call the next speaker for me please. Ms. Garrido: Next we have Lyna Levine. Please state your name for the record. Ms. Levine: Yes, it's Lyna Levine and I live at 732 Walton Drive, which is right adjacent on Walton Drive as you can see is adjacent to the piece of property that we are talking about and there are number of residential properties that are directly abutting this property from the rear and I feel like as you can see Fairfield and Providence Square shopping centers are already zoned B2 as is the property across Providence, so that if a business wanted to be in a B2 community business zone, there are many properties available there and there is the office building also that as was mentioned by the, by Mrs. Ange that does limit the egress and exit from Walton Drive. Walton Drive is really just a 2-lane road but there is parking that usually is employee parking that is available there on the right hand side of the street as you enter Walton Drive, so and obviously if we take this property from a B-1 to B-2, it's not ever going back to a B-1 and so my concern is that we continue to have it as a neighborhood business community and not a, neighborhood business zoning as oppose to a community business zoning. Ms. Oliver: Great, thank you, is there any question for Mrs. Levine? Mr. Horsley: I just to comment, looking at the amount I don't, you know, you are talking about Walton Drive and that's where your entrance to your neighborhood. This property does not have a curb cut on Walton Drive, the way I have read it on the map that we have, curb cuts on Providence so you wouldn't have traffic going from this either on to Walton Drive or from turn in Walton Drive to access this property unless I am reading map wrong and that's right. 5 Mr. Weiner: Correct. Mr. Horsley: So the traffic is not going to affect Walton Drive. Ms. Levine: The city actually takes care of the grass line between as you can where the blue line outlines this. It does, there is an easement which is basically a city easement and the city takes care of that piece of grass. So you know it is the closest property to Walton Drive at that location. Mr. Horsley: Yeah, I understand that, but when the traffic doesn't go from this piece of property does not access Walton Drive is what I am trying to tell you according to the maps that we have. Is that right Jimmy? So, this really is traffic going to this business is not going on Walton Drive. Ms. Levine: It does affect our traffic flow as a matter of fact. I have often seen person and of course this is not a legal move; however, if you go back to your previous picture, you will see that if you are coming from, if you are coming from the west moving in an easterly direction, there is a turn lane that would allow you to turn on to Walton Drive. I often see people go on to the wrong side Providence Road to enter the driveway opening on Providence so that they are actually moving in an easterly direction on the part of Providence Drive where they should be moving in a westerly direction and obviously that is illegal and a person should not be doing that, but it does cause a potential hazard for us as residents and it's not my job nor as far as I know, am I able to report that kind of illegal or dangerous action but that does happen. Ms. Oliver: Any other questions for Mrs. Levine, okay, thank you very much. Ms. Levine: Thank you. Ms. Oliver: Alright, are there any other speakers? Ms. Garrido: No more speakers. Ms. Oliver: Alright, so if the applicant would like to come up for rebuttal, please. Both of you can come on up, that will be fine, state your names again for the record and then you can address the questions about the property. Mr. Trotman: My name is Rick Trotman, I am the owner of the property but I am not going to be involved in the tattoo parlor but John has told me. Ms. Oliver: Would you wanna speak in the mic, thank you. Mr. Trotman: Sorry. Ms. Oliver: It's okay. Mr. Trotman: John has told me on number of occasions the way he is going to operate this is not like a, you know, people who are going to be coming and coming into his establishment on a walk-in basis, but it's one or two person a day. I think he said probably and that person would come and have a lot of work done. I don't have a tattoo, I am probably the only person in the world doesn't. It's not going to be a 6 typical tattoo parlor with whatever that would bring as far as numbers of people. I think that's the concerns the ladies brought up, the number of people, you are concerned about. Ms. Oliver: Okay, I will tell you what. Mr. Trotman: John I think can address, how he is going to operate. Ms. Oliver: Alright, thank you. Mr. Blaster: It's John Blaster. I believe concerns were. Ms. Oliver: One was traffic. Mr. Blaster: Traffic, though I can't speak on behalf of B-2 obviously it's up there, what is and isn't allowed and that's going to be his concern, but we are not going to be hindering the traffic and what any way shape or form. As far as I have seen anytime I have come up to the establishment, there is plenty of parking opportunity enough so that the people that are actually parking on the other side of the fence, these women are talking about can probably occupy, we don't want them to, but we are not going to be hindering parking opportunities hours as stated I believe we did submit two different hours there, I think we are closing to 6 o'clock. Ms. Oliver: 6 o'clock. Mr. Blaster: Yeah,before we decided to establish. Ms. Oliver: And about how much traffic do you typically generate from your establishment? Mr. Blaster: Well, we are going to be closed on Sundays and Mondays, we will have gallery open on Tuesday. Traffic as stated we only tattoo one person a day, each, so the total number of cars won't exceed four or five and as far as why we decided to come into this particular zoning, and try to change it to B-2 because the word tattoo has traditional stigma. Not many people like it and appreciate what it has to offer at least these days. So having been blessed with coming in contact with Mr. Trotman here, he was the first person in months that was able to actually to get passed that word and hear us out as far as what we had planned to do and what we envision for our business so that's you know while there is plenty of other B-2s available, it's hard to find a landlord that is actually opened to hear what we had to say, so. Mr. Oliver: Okay, thank you. Anybody have any questions? Mr. Trotman: Could I add one? Ms. Oliver: Yes sir absolutely, step right on up. Mr. Trotman: I went to my tenants who are there right now and they kind of looked to me like I was, you know, what you are asking us for that's you are building, you rent to whoever you want to but I wanted to make sure that stigma of tattoo because in my generation tattoos weren't what they are today and just about everybody who 7 is in my structure has someone or number of people who have a tattoo. So the world changes and we are just trying to be a part of what the world is giving, so. Ms. Oliver: Thank you. Mr. Trotman: Yes sir. Mr. Weiner: One question. Ms. Oliver: Commissioner Weiner. Mr. Weiner: Looking at the proffers that you come up with the Staff are you very comfortable with keeping that, I know, this says it's a very small place, you are not just going to put a night club or bar in there. Mr. Trotman: No. Mr. Weiner: Are you comfortable with the proffers here that not going to come back and want to change anything? Mr. Trotman: We are actually, I am 74 so I am getting little older and I don't think I am going to be operating the business, you know, forever. What I thought that B-2 enhanced our ability or the ability of whoever owns the property to go to different people, but it's a community building. You know, we are going to keep that. We don't want to have a bar in there. We don't really want to have fast food. I don't think our facilities are large enough to accommodate those kind of businesses and we are not looking for that. We are just a little mom and pop operation that, how do I convey, you know, we are just trying to be a neighborhood organization so even though it's no longer has will have neighborhood in the zoning, we are going to operate it just the way it's operated and I don't think it will ever change. I don't think that the supply and demand equation is going to bring people into our small shopping center who are going to be of that type of a business so you know I did ask my tenants they all have some kind of a tattoo or someone does in their organization which is interesting because we don't but most people seem to, you know. Ms. Oliver: Right. Thank you, anybody else; well he really answered my questions. I was just thinking what his other, the other tenants in the complex thought so nobody had any objection to it. Mr. Trotman: No, they all kind of said, it's your building, you rent whoever you want to, I don't do that, I tried to keep everybody, it's a nice organization, everybody gets along, everybody likes one-another and that's the way we want to keep it. Ms. Oliver: Okay, thank you. Mr. Trotman: Okay. Ms. Oliver: Thank you very much, anybody have any more questions for the gentleman. Ms. Ange: I have a question for Mr. Trotman. 8 Ms. Oliver: Well, I am sorry, no ma'am, I am sorry, we have to kind of stick it to the format. [Background Voice] Well, you know, excuse me one second, it's out of order, we can't really have that conversation. I am sorry. So if the commissioners don't have any more questions than thank you very much and thank you. We are going to close the hearing now and open it for discussion amongst the commissioners. Yes sir, commissioner Weiner. Mr. Weiner: Listening the applicant and waiting through the proffers, I am comfortable in supporting this and ready to make a motion, anybody else has comment? Ms. Oliver: Anybody have any comments? Mr. Redmond? Mr. Redmond:Well, I do want to address one point and that is I want to say B-2 zoning is entirely appropriate for this piece of real estate, this is Providence Road. There are 22,700 cars that front this piece of property, it is not a small roadway and the idea that there is something inappropriate about that, there are thousands of properties in the city that are similarly situated parcels of land that are zoned B-2 and the building is what the building is. Its not going to support a whole bunch of uses simply by virtue of its structure. He is proffered out a number of objectionable uses and I look down on this tenant list, at least that's what's on this, you know, in the sign that we all have in our packets nail shop, maids, salon, jewelry store, there is nothing that this business would do that would be functionally different in terms of traffic or any kind of, you know, objectionable impact that these other small businesses do. This is a business center as it is and it will stay a business center just within additional tenant that fits into the zoning, I think much too much has been made of that so I agreed with Mr. Weiner and I certainly support his motion. Ms. Oliver: Alright, thank you sir, commissioner Wall. Mr. Wall: We had a similar application a couple of years ago and you know I opposed, I kind of opposed it, it was in the same format in B-1 and B-2, the same use, and much more prominent location I feel on Rosemont and Holland. I drive by there all the time, since then and since it has been approved in, it seemed to have very little impact, I think, you know, we talked to the city staff and they said that, you know, there hasn't been any impact to them, a residents to the area so you know I support it as well. Ms. Oliver: Alright, anybody else? Ms. Rucinski: I am just, this is just an order of business, and do we need to make sure that the 6 o'clock closing time is in the application. Ms. Oliver: Is that 6 o'clock. Mr. Trotman: It is on the application, we just submitted the sign. Ms. Oliver: So I just want to ask, do you mind coming up one more time, thank you, just for clarity here. 9 Ms. Smith: And maybe we have caused the confusion. The staff report notes the hours from 10 am to 7 pm,the conceptual sign exhibit for the wall mounted sign for the tattoo studio shows operating hours up to 6 p.m. so if you would like to make a condition that would limit the hours that certainly your purgative. Mr. Blaster: There is an objection to the time that listed right now; I am not just trying to add any more paper work to the. Ms. Oliver: I don't know that there will be any more paper work but we just want to, I think, what they are asking is we have two things in the application you are open till 7. Mr. Blaster: That's fine. Ms. Oliver: And then but your sign says you are open to 6, so. Mr. Blaster: I didn't know there was going to be that strict as far as the sign was concerned; I thought you just needed a layout,but as far as. Ms. Oliver: So it's that just the layout. Mr. Blaster: It was just a layout. Ms. Oliver: So 7 o'clock is your closing hours. Mr. Blaster: You can do 7 that's fine, if it's better to do 6. Ms. Oliver: Mr. McNamara. Ms. Smith: Whatever time you feel is appropriate, you can certainly recommend adding that condition.. Ms. Oliver: Do you oppose to 6 o'clock? Mr. Blaster: We are not. Ms. Oliver: Alright that probably would make probably be more conforming to the yoga studio and probably everything else is there, so 6 o'clock, if that's go with you. Mr. Blaster: I am okay. Mr. Redmond:I bet you 100 bucks, yoga studios open past 6. Mr. Blaster: They are. Mr. Redmond:I think we are going to [Crosstalk]. Ms. Oliver: Okay, alright, why don't we just stick with the original application 7 o'clock and thank you very much. Mr. Blaster: Thank you. Ms. Oliver: Alright, so we have a motion on the floor right now, yes sir commissioner Weiner. Mr. Weiner: I will make a motion for approval. 10 Ms. Fisher: Are you adding the condition that they? Ms. Oliver: Adding the condition that they stay on, open until 7 o'clock which is already on there, which is in the application that why we were confused. Ms. Smith: I am sorry, it's in the dialogue in your staff report but it's not a recommended condition, so you would need to add that to your condition that's why I was seeking that clarification, I apologies for the confusion. Ms. Oliver: We will add that to our condition, to our conditions 7 o'clock closing, motion made by commissioner Weiner, seconded by Commissioner Redmond. Mr. Fisher: Vote is open. Ms. Garrido: By recorded vote of 10-0, item number two has been approved. Ms. Oliver: Thank you very much. AYE 10 NAY 0 ABS 0 ABSENT 1 ALCARAZ AYE BARNES AYE GRAHAM AYE HORSLEY AYE INMAN ABSENT OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE WALL AYE WEINER AYE PROFFERS: 1. The Property is developed with the "Fairfield Square Shopping Center" substantially as shown on that certain concept plan of 5318 Providence Road Virginia Beach, Virginia, (hereinafter called"Concept Plan") which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. The Property may be used for those uses (permitted or with an approved Conditional Use Permit) as allowed in the B-2 Zoning District under the Grantee's C.Z.O., with the following exceptions, which are not permitted: a) Animal pounds, shelters or commercial kennels b) Boat Sales c) Motor Vehicle Sales d) Grocery Stores e) Liquor Stores f) Communications Towers g) Mini-Warehouses h) Automobile Repair Garages 11 i) Automobile Service Stations j) Bars or Nightclubs k) Borrow Pits I) Bulk Storage Yards 2. All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. 3. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. SUBDIVISION VARIANCE CONDITIONS: 1. When subdivided, the property shall be developed as shown on the submitted subdivision exhibit entitled "REMAINDER OF PARCEL A-5 PLAT NO. 2, SURVEY OF A PORTION OF THE ESTATE OF J.C. HUDGINS FOR THE SEABOARD CITIZENS NATIONAL BANK OF NORFOLK"dated December 16, 2018, and prepared by Fox Land Surveying, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 2. The existing non-conforming freestanding sign shall be removed. Any new freestanding sign shall be monument style, no taller than eight feet in height, and have a brick base to match the building. CONDITIONAL USE PERMIT CONDITIONS: 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. Window signage shall not be permitted. Any wall-mounted sign shall be substantially as shown in the wall mounted sign exhibit on page 9 of this report. No box sign shall be permitted. A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. 12 4. The hours of operation of the Tattoo Parlor shall be limited to between 8:00 am and 7:00 pm. 13 r„ 41.. .,...:,._. S CITY OF VIRGINIA BEACH U ` tom om ,J ;S , y INTER-OFFICE CORRESPONDENCE -4,- .1::,.;7;1” 1 h OF OURS Ho‘o In Reply Refer To Our File No. DF-10155 DATE: January 25, 2019 TO: Mark D. Stiles � DEPT: City Attorney FROM: B. Kay Wilsor `-y DEPT: CityAttorney Y RE: Conditional Zoning Application; 7 Cities Tattoo, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on February 5, 2019. I have reviewed the subject proffer agreement, dated December 12, 2018 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Nancy Bloom TROTCORP LIMITED, LLC a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH THIS AGREEMENT made this 12 day of December, 2018, by and between RICHARD C. TROTMAN, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of a certain parcel of property located in the Kempsville District of the City of Virginia Beach, containing approximately 1.49 acres which is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. Said parcel is herein referred to as the "Property"; and WHEREAS, the party of the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from B-1 Neighborhood Business District to Conditional B-2 Community Business District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and as the same time to recognize the effects of change that will be created by the Grantor's proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantor's rezoning application gives rise; and GP1N: 1466443690000 Prepared by and Return to: Kevin L. Hubbard, Esq. VSB No. 25719 Pender& Coward, PC 709 Greenbrier Parkway, Suite B Chesapeake, VA 23320 WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operating, and use of the Property to be adopted as a part of said amendment to the Zoning map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, herby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. The Property is developed with the "Fairfield Square Shopping Center" substantially as shown on that certain concept plan of 5318 Providence Road Virginia Beach, Virginia, (hereinafter called "Concept Plan") which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. The Property may be used for those uses (permitted or with an approved Conditional Use Permit) as allowed in the B-2 Zoning District under the Grantee's C.Z.O., with the following exceptions, which are not permitted: (a) Animal pounds, shelters or commercial kennels; (b) Boat Sales; (c) Motor Vehicle Sales; (d) Grocery Stores; (e) Liquor Stores; (f) Communications Towers; (g) Mini-Warehouses; (h) Automobile Repair Garages; (i) Automobile Service Stations; (j) Bars or Nightclubs; (k) Borrow Pits; or (1) Bulk Storage Yards. 2. All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. 3. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. All references hereinabove to B-2 District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this referenced incorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the property; and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee. WITNESS the following signature and seal: Grantor: Richard C. Trotman COMMONWEALTH OF VIRGINIA, CITY OF N-tS 1 U_ ,to-wit: The foregoing instrument was acknowledged before me this day of December, 2018 by Richard C. Trot JC/4,, -AA 0� °��'. -I'm tary •ub is Mr ° m 360879 n COMMISSION e p : NUMBER :�[ +2�'•,. ,41/_Ti-1 F0 W &T1`- IV 1 � f EXHIBIT "A" All that certain lot, piece or parcel of land, situated in Kempsville Borough of the City of Virginia Beach, Virginia, and more particularly described as follows: Commencing at a point in the northern line of Providence Road at its intersection with the easterly line of the property now or formerly Robert G. Von Elm and running thence along the said Von Elm line North 12 degrees 48 minutes 26 seconds East a distance of 200 feet to the line of the property now or formerly Lakeside Construction Corp. and running thence along the line of the property of Lakeside Construction Corp. South 77 degrees 20 minutes 08 seconds East a distance of 500 feet to Lord Dunmore Drive: thence along Lord Dunmore South 12 degrees 48 minutes 26 seconds West a distance pf 25 feet to appoint; thence North 77 degrees 20 minutes 08 seconds West a distance of 200 feet; thence South 12 degrees 48 minutes 26 seconds West a distance 175 feet to the northern line of Providence Road; and thence North 77 degrees 20 minutes 08 seconds West a distance of 300 feet to the point of beginning. -"-`,.......,00/ / ,: /I , .---------, -... .< "-------- // • , .• . .' CO . , . , . ., 00 / _ ---------------------LIf 4< a Aid i . ..re, // 117 I / , t . . / • . . C••.)C* / .. / 0i / C3 __ _ _._ '.... .:' '2M ) D CO lbolik. 4. .: c\I / / • ... / / / ;_____. i lee ------..wi .. CNI., I -------- 114?$7 ----7 ' cs4 /,„A WI --...,. . . 7 I /1 ..,/ / , ,. , . .' . , , , ,..' / fi • ..11 l, ---____L____—=2___O ....._, i 'II l 19 ' 1 I \ • . . tGNU DFacl, �'�O ,tib�, fZ S) f•1 CITY OF VIRGINIA BEACH AGENDA ITEM 1 ITEM: ATLANTIC AUTOWERKS, LTD [Applicant] JOHN & BETTY WILLS REVOCABLE LIVING TRUST [Property Owner] Conditional Use Permit (Automobile Repair Garage) on property located at 5479 Virginia Beach Boulevard (GPIN 1467472748), COUNCIL DISTRICT— KEMPSVILLE. MEETING DATE: February 5, 2019 • Background: The site is currently developed with a 4,200 square-foot building where the current tenant operates a car stereo installation business. This Conditional Use Permit request is for a proposed automobile repair garage that will provide maintenance services such as oil changes; air conditioning repair; brakes, shocks, and tire installation; wheel alignments; minor engine work; and Virginia State Inspections. The applicant does not intend to do any body work, painting, or over-hauling of transmissions on the subject site. All repairs and the storage of materials will occur within the building. There will be no significant modifications to the site or to the exterior of the structure. • Considerations: The proposed request for a Conditional Use Permit for an Automobile Repair Garage is an acceptable use and is compatible with the other business uses along this section of Virginia Beach Boulevard. Other than signage, no changes are proposed to the building. Additional streetscape landscaping will be installed in order to conform with the requirements of the City of Virginia Beach Landscaping Guide. The parking provided on-site meets the requirements set forth in the Zoning Ordinance for auto repair uses. Staff is not aware of any opposition to this application. Further details pertaining to the request, as well as Staff's evaluation, are provided in the attached Staff report. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request. 1 . All on-site signage must meet the requirements and regulations of the Zoning Ordinance. 2. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. Atlantic Autowerks, LTD Page 2 of 2 3. There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. 4. There shall be no portable or nonstructural signs or electronic display signs on the site. 5. No motor vehicles in a state of obvious disrepair shall be stored outside on the property. All such vehicles shall only be permitted to be stored within the building. 6. There shall be no outside storage of equipment, parts, tires, or materials. 7. No motor vehicle repair work shall take place outside of the building. 8. No motor vehicles shall be parked within any portion of the public right-of- way. 9. The required street frontage landscaping and foundation plantings shall be installed as described in the Virginia Beach Landscaping Guide. A landscape plan depicting the required planting shall be submitted to the Planning Department, and approval of said plant species and locations shall be obtained prior to the operation of the business. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Depart - t/Agency: Planning Department City Manager: ABApplicant Atlantic Autowerks, LTD Agenda Item Property Owner John & Betty Wills Revocable Living Trust Public Hearing January 9, 2019 3 City Council Election District Kempsville Virginia Beach Request Conditional Use Permit (Automobile Repair Garage) / \, o ! /7'1'•,.. .4&\..) Loft ` Staff Recommendation x a Wulf co:1R Approval ; ....I z 4, 4a Staff Planner a Marchelle Coleman v """-., ' a a i c Location 44/1,,,,,,,,,,,, E 5479 Virginia Beach Boulevard ��"q"^w i i " g Varyq Q 2 [ 4 GPIN 4q� p E _ d e ? r 4 `Hi+na c 1467472748 54.., 1 i Site Size 19,087 square feet :• `°� AICUZ "Sfaa_F Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District ; Retail/ B-2 Community BusinessTr , , Surrounding Land Uses and Zoning Districts `i.,_ �•p North � r, £ >x Virginia Beach Boulevard I - f P.'! , � � .� Shopping Center/ B-2 Community Business - „ � I,_ - e ++4 '. South _ ° Multi-family dwellings/A-12 Apartment , ; . , 4 East , Retail/ B-2 Community Business West . ` . Retail/ B-2 Community Business fil _ Y , a Atlantic Autowerks, LTD Agenda Item 3 Page 1 Background and Summary of Proposal • The site is currently developed with a 4,200 square-foot car stereo installation business.As this operator's lease is expiring in the near future, the applicant submitted a Conditional Use Permit to operate an Automobile Repair Garage at this location. • The garage will provide maintenance services such as oil changes; air conditioning and suspension repair; brakes, shocks, and tire installation; wheel alignments; minor engine and transmission work; and Virginia State Inspections. • The applicant does not intend to do any body work, painting, or over-hauling of transmissions on the subject site. Repairs and the storage of materials will occur within the building. • There will be no significant modifications to the site or to the exterior of the building.The existing sign on the front of the building will remain and an insert will be installed to display the applicant's logo and phone number. The existing sign on the side of the building will be removed and replaced with the applicant's logo,which is shown on page five of this report. • The typical hours of operation will be 7:30 a.m.to 5:30 p.m., Monday through Thursday and 7:30 a.m.to 5:00 p.m. on Fridays. It is anticipated that up to seven employees will work on the site. Zoning History '"--0,112.__./, / / # Request 2B-2 1 CRZ(B-2,A-12, R-7.5 to Conditional B-2)Approved '} A-111 A-18 04/17/2018 CUP(Vocational School)Approved 11/18/2014 -� %ve B-2 CUP(Church)Approved 12/03/2002 / 2 CUP(Gasoline Sales in Conjunction with a Convenience Store)Approved 02/26/2008 /�P CUP(Motor Vehicle Rentals)Approved 09/14/2004 - 8-2 � CUP(Church)Approved 07/03/2001 �� -` 3 CUP(Private School)Approved 08/12/2003 ( 4 CUP(Church)Approved 07/02/2002 '! \ CUP(Church)Approved 09/26/2000 1 / -12 5 CUP(Small Engine Repair)Approved 03/12/2002 i CUP(Automobile Rental Facility)Approved 10/26/1999 RI- j , / / 1 1 '2::,' 6 CUP(Automobile Repair Garage)Approved 04/09/1996 CUP(Automobile Repair Facility)Approved 06/08/1993 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation and Recommendation The proposed request for a Conditional Use Permit for an Automobile Repair Garage, in Staffs opinion, is an acceptable use and is compatible with the other business uses along this section of Virginia Beach Boulevard.As stated previously, no changes are proposed to the building with the exception of the new signage.Additional streetscape landscaping will Atlantic Autowerks, LTD Agenda Item 3 Page 2 be installed to conform to the requirements of the Virginia Beach Landscaping Guide.The parking provided on-site meets the requirements of Section 203 of the Zoning Ordinance. Based on the considerations above,Staff recommends approval of this request subject to the conditions below. Recommended Conditions 1. All on-site signage must meet the requirements and regulations of the Zoning Ordinance. 2. A separate permit from the Department of Planning&Community Development is required for any new signage installed on the site. 3. There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles.There shall be no signs which are painted, pasted,or attached to the windows, utility poles,trees, or fences, or in an unauthorized manner to walls or other signs. 4. There shall be no portable or nonstructural signs or electronic display signs on the site. 5. No motor vehicles in a state of obvious disrepair shall be stored outside on the property.All such vehicles shall only be permitted to be stored within the building. 6. There shall be no outside storage of equipment, parts,tires, or materials. 7. No motor vehicle repair work shall take place outside of the building. 8. No motor vehicles shall be parked within any portion of the public right-of-way. 9. The required street frontage landscaping and foundation plantings shall be installed as described in the Virginia Beach Landscaping Guide.A landscape plan depicting the required planting shall be submitted to the Planning Department, and approval of said plant species and locations shall be obtained prior to the operation of the business. Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area.The general planning principles for the Suburban Area focus on preserving and protecting the overall character,economic value, aesthetic quality of the stable neighborhoods while reinforcing the suburban characteristics of commercial centers and other non-residential areas that comprise part of the Suburban Area.Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of the site and buildings, improved mobility,environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to the surrounding uses(pp. 3-1, 3-2). Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed.There does not appear to be any significant natural or cultural features associated with the site. Atlantic Autowerks, LTD Agenda Item 3 Page 3 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Vir inia Beach Boulevard 32,466 ADT' 34,940 ADT 1(LOS°"C") Existing Land Use 2—10 ADT g 56,240 ADT 1(LOS 4"D") Proposed Land Use 3- 13 ADT 'Average Daily Trips 2 as defined by a car stereo 3 as defined by an automobile repair 4 LOS=Level of Service install establishment garage Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Virginia Beach Boulevard in the vicinity of this site is an eight-lane major urban arterial with a 140 foot right-of-way.The MTP calls for an eight-lane major arterial with an ultimate right-of-way width of 155 feet.There are currently no roadway CIP projects scheduled for Virginia Beach Boulevard in the vicinity of this site. Public Utility Impacts Water This site currently connects to City water. The existing 5/8 inch meter may be used or upgraded to accommodate the proposed use. If a plumbing permit is required,the water meter size will be evaluated by Public Utilities prior to permit issuance. Depending on the number and type of fixtures and the use within the building, the water meter and water service line may need to be upgraded by the property owner. Sewer This site currently connects to City sewer. Atlantic Autowerks, LTD Agenda Item 3 Page 4 Site Layout G EC) a' a) N N O t1, O tr) !C 4-, 4) cm U G lC Cr- C3 lO U O O v .- In G a N J 'U 01a Un Gto N Ater cr) v=1 -Now_ Nip X W lie# O 14 . 7. L CU O > cv J m .0 - O a) cif)` m O U � O Q) co 0 m co Q CU m o. U CCZ Q ms C .- 0) -o m �. i G Q Q) 5 - ti m c o — Lc) R 41 O O G U n O yl U d O O I- 7:1- C7) OC G fh J C O C O 47.7 Alt* 0 L Ai v.�3/1 1o&4oea$ p�t�rB v C m �, �as J Atlantic Autowerks, LTD Agenda Item 3 Page 5 Sign Elevation & Logo ATLANTIC AUTOWERKS LTD Atlantic Autowerks, LTD Agenda Item 3 Page 6 Site Photos r JJr 1 i - ' o ` -ter- `, ' t. - r, . . - 8'y 41*....._ ,- „hiC -s _ 4"yionr.� we T i ,nes %- _ -' - -• f Atlantic Autowerks, LTD Agenda Item 3 Page 7 Disclosure Statement Itn(h APPLICANT'S NAME ATLANTIC AUTOWERKS, LTD DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USF ONLY/All d: ': Page 1 of 7 planner: ::o na;i?ri and City Co,: APPLICANT NOTIFIED OF HEARING Cy/ NO CHANGES AS OF 2.11 9 4fiteMarchelle L. Coleman 0 REVISIONS SUBMITTED Atlantic Autowerks, LTD Agenda Item 3 Page 8 Disclosure Statement Virginia Reach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ��, Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Atlantic Autowerks, LTD If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) Alfred R. Brochu, Jr. , President& Director David R. Brochu, Treasurer& Director (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) N/A See next page for information pertaining to footnotes and 2 • $ SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. El Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN. complete the following. (A) List the Property Owner's name:John and Betty Wills Revocable Living Trust If an LLC, list the member's names: Page 2 of 7 Atlantic Autowerks, LTD Agenda Item 3 Page 9 Disclosure Statement AL3 Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation... See State and Local Government Conflict of Interests Act. Va. Code § 2.2-3101. 2 "Affiliated business entity relationship- means "a relationship. other than parent-subsidiary relationship. that exists when (I) one business entity has a controlling ownership interest in the other business entity. (ii) a controlling owner in one entity is also a controlling owner in the other entity. or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities: there are common or commingled funds or assets: the business entities share the use of the same offices or employees or otherwise share activities. resources or personnel on a regular basis: or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act. Va.Codes 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Atlantic Autowerks, LTD Agenda Item 3 Page 10 Disclosure Statement APPLICANT Virginia Beach YE J NO SERVICE PROVIDER (use additional sheets if needed) 1-1 t/< Accounting and/or preparer of To Be Determined I t" your tax return 111 XI Architect/ Landscape Architect/ V�� Land Planner Contract Purchaser(if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed n m purchaser of the subject property (identify purchaser(s)and purchaser's service providers) NIConstruction Contractors 1 Engineers /Surveyors/Agents Financing (include current ❑ X mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) • 1 Legal Services Real Estate Brokers / DARR Commercial Real Estate El Agents/Realtors for current and Services r anticipated future sales of the subject property R.n..._.._-,.-.., e... SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Atlantic Autowerks, LTD Agenda Item 3 Page 11 Disclosure Statement l‘B 41111P Rea(h CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been' !scheduled for public hearing, I am responsible for updating the information j provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. (�'L ,J t� e L ifl�Ei�6-cdG1 7J,'� DATE A r APPL1 NTS SIGNATURE PRINT NA Page 5 of 7 Atlantic Autowerks, LTD Agenda Item 3 Page 12 Disclosure Statement .1)B OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) l 1,71 Accounting and/or preparer of t I your tax return XArchitect/ Landscape Architect/ Land Planner Contract Purchaser(if other than 15-<1 the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed (� Xpurchaser of the subject property I J X (identify purchaser(s)and purchaser's service providers) CX Construction Contractors 17 Engineers/Surveyors/ Agents Financing (include current X mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) I I ® Legal Services Real Estate Brokers / DARR Commercial Real Estate In [] Agents/Realtors for current and Services anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have r ' an interest in the subject land or any proposed development �f contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Atlantic Autowerks, LTD Agenda Item 3 Page 13 Disclosure Statement Virginia Beach I CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been; scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. 7e;-#N i1{�G(.� 1111/le I PROPE ER'S SIGNATURE _ PRINT NAME DATE Page 7 of 7 Atlantic Autowerks, LTD Agenda Item 3 Page 14 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision, the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Atlantic Autowerks, LTD Agenda Item 3 Page 15 Item #3 Atlantic Autowerks, LTD Conditional Use Permit (Automobile Repair Garage) 5479 Virginia Beach Blvd. District—Kempsville JANUARY 9, 2019 CONSENT Ms. Rucinski: Thank you Commissioner Redmond. The next matter on the agenda is item number three and that's an application for a Conditional Use Permit for an Automobile Repair Garage on property located at 5479 Virginia Beach Boulevard in Kempsville District. Is there representative here for this application? And, when you get to the mic, can you please state your name for the record? Mr. Broche: David Broche. Ms. Rucinski: And are the conditions on the application acceptable to you? Mr. Broche: Yes. Ms. Rucinski: Alright, thank you. Is there anyone here in opposition of this matter being placed on the consent agenda? Hearing none, the Chair has asked Commissioner Weiner to explain this for the record. Mr. Weiner: Thank you Ms. Rucinski. This is a request for a Conditional Use Permit for an Automobile Repair Garage. The site was currently developed with a 42,000 square foot car stereo installation business. As this operator's lease is expiring in the near future, the applicant submitted a Conditional Use Permit to operate an Automobile Repair Garage at this location. The garage will provide maintenance such as oil changes; air conditions and suspension repair; brakes, shocks, and tire installation; minor engine and transmission work; and Virginia State Inspections. The applicant does not intend to do any body work, painting, or over-hauling of transmissions on the subject site. Repairs and the storage of materials will occur within the building. There will be no significant modifications to the site or to the exterior of the building. We recommend approval and put it on the consent agenda. 1 AYE 10 NAY 0 ABS 0 ABSENT 1 ALCARAZ AYE BARNES AYE GRAHAM AYE HORSLEY AYE INMAN ABSENT OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE WALL AYE WEINER AYE CONDITIONS: 1. All on-site signage must meet the requirements and regulations of the Zoning Ordinance. 2. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. 3. There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. 4. There shall be no portable or nonstructural signs or electronic display signs on the site. 5. No motor vehicles in a state of obvious disrepair shall be stored outside on the property. All such vehicles shall only be permitted to be stored within the building. 6. There shall be no outside storage of equipment, parts, tires, or materials. 7. No motor vehicle repair work shall take place outside of the building. 8. No motor vehicles shall be parked within any portion of the public right-of-way. 9. The required street frontage landscaping and foundation plantings shall be installed as described in the Virginia Beach Landscaping Guide. A landscape plan depicting the required planting shall be submitted to the Planning Department, and approval of said plant species and locations shall be obtained prior to the operation of the business. 2 Item #3 Atlantic Autowerks, LTD Conditional Use Permit(Automobile Repair Garage) 5479 Virginia Beach Blvd. District—Kempsville JANUARY 9,2019 CONSENT Ms. Rucinski: Thank you Commissioner Redmond. The next matter on the agenda is item number three and that's an application for a Conditional Use Permit for an Automobile Repair Garage on property located at 5479 Virginia Beach Boulevard in Kempsville District. Is there representative here for this application? And, when you get to the mic, can you please state your name for the record? Mr. Broche: David Broche. Ms. Rucinski: And are the conditions on the application acceptable to you? Mr. Broche: Yes. Ms. Rucinski: Alright, thank you. Is there anyone here in opposition of this matter being placed on the consent agenda? Hearing none, the Chair has asked Commissioner Weiner to explain this for the record. Mr. Weiner: Thank you Ms. Rucinski. This is a request for a Conditional Use Permit for an Automobile Repair Garage. The site was currently developed with a 42,000 square foot car stereo installation business. As this operator's lease is expiring in the near future, the applicant submitted a Conditional Use Permit to operate an Automobile Repair Garage at this location. The garage will provide maintenance such as oil changes; air conditions and suspension repair; brakes, shocks, and tire installation; minor engine and transmission work; and Virginia State Inspections. The applicant does not intend to do any body work, painting, or over-hauling of transmissions on the subject site. Repairs and the storage of materials will occur within the building. There will be no significant modifications to the site or to the exterior of the building. We recommend approval and put it on the consent agenda. 1 AYE 10 NAY 0 ABS 0 ABSENT 1 ALCARAZ AYE BARNES AYE GRAHAM AYE HORSLEY AYE INMAN ABSENT OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE WALL AYE WEINER AYE CONDITIONS: 1. All on-site signage must meet the requirements and regulations of the Zoning Ordinance. 2. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. 3. There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. 4. There shall be no portable or nonstructural signs or electronic display signs on the site. 5. No motor vehicles in a state of obvious disrepair shall be stored outside on the property. All such vehicles shall only be permitted to be stored within the building. 6. There shall be no outside storage of equipment, parts, tires, or materials. 7. No motor vehicle repair work shall take place outside of the building. 8. No motor vehicles shall be parked within any portion of the public right-of-way. 9. The required street frontage landscaping and foundation plantings shall be installed as described in the Virginia Beach Landscaping Guide. A landscape plan depicting the required planting shall be submitted to the Planning Depailnient, and approval of said plant species and locations shall be obtained prior to the operation of the business. 2 1 / (s,'''%?,,,5 ) <99.1 1 <(\\\, .:,,_• _ ,-\\\_________ -k----- 1 .t 5 a NEM 5 i .\\\* j 1 0 r 'a ', _N 5\77.. • \ ` tor 1 I 1 CNI i I CNA 1 Li in o A . Ilki,.. ,.._ ____ ____ . ____ ______ / ______--------- iiift-dia---- -------i andyitcol- �_ _-r. � _____-max"" - 45 i ! �k, ter`` ) II 171 ._- * ter= c� sr----- „/". /..- \ 1 I \\49< CO CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: IRON ASYLUM 2, LLC [Applicant] VIRGINIA KEMPSVILLE, LLC [Property Owner] Conditional Use Permits (Indoor & Outdoor Recreation Facilities) on property located at 1832 Kempsville Road, Suite 13 (GPIN 1255927152), COUNCIL DISTRICT — CENTERVILLE. MEETING DATE: February 5, 2019 • Background: The applicant is requesting a Conditional Use Permit for both an Indoor Recreation Facility and an Outdoor Recreation Facility within a 16,938 square- foot unit in the Kempsville Crossing Shopping Center. The applicant intends to operate a 24-hour fitness center for clients who desire strength training, body building, and power lifting. It is anticipated that up to 14 employees will work at the facility which will be staffed from 8:00 a.m. to 10:00 p.m. weekly. The outdoor component of the facility will provide training of clients or small groups of up to twelve in an outdoor area approximately 12 feet by 50 feet behind the unit. Activities will be limited to daylight hours. No speakers, monitors, or amplification of music are proposed outside of the building. A non-illuminated eight-foot by six-foot flat sign is proposed to be installed on the exterior wall above the main entrance. With the exception of the new signage, no other changes are proposed to the exterior of the building. • Considerations: As the proposed facility will be located in a retail shopping center, the anticipated traffic generated by the gym has been accounted for in both the interior traffic flow and the overall parking requirement for the center. The proposed use is compatible with the other commercial uses located in the shopping center and is an excellent reuse of a former grocery store space. Staff is not aware of any opposition to this application. Further details pertaining to the request, as well as Staff's evaluation, are provided in the attached Staff report. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request. Iron Asylum 2, LLC Page 2of2 1. The location of the Indoor Recreation Facility and the Outdoor Recreation Facility shall be limited to the areas depicted on the proposed site layout on page 5 of this report, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. All exterior building signage shall comply with the requirements of the City Zoning Ordinance. 3. Outside storage of any equipment or any materials shall be prohibited within drive aisles and fire lanes. 4. The applicant shall obtain all necessary permits and inspections from the Department of Planning and Community Development Permit and Inspections Division, the Health Department, and the Fire Department. The applicant shall obtain a Certificate of Occupancy from the Building Official's Office prior to commencing operation. 5. The maximum number of individuals within the facility shall not exceed the maximum number as determined by the Fire Marshal. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department, City Manager: Applicant Iron Asylum 2, LLC Agenda Item Property Owner Virginia Kempsville, LLC �� Public Hearing January 9, 2019 city oj City Council Election District Centerville 5 Virginia Beach Request Conditional Use Permits (Indoor Recreation Facility&Outdoor Recreation Facility) t 1 Staff Recommendation it Approval R m +04) rt o V,, St d Staff Planner « '` � ' t`e * �`� ,,t4 s Robert Davis , 11%% �" o^� hoeItos Location 1832 Kempsville Road, Suite 13 ry `s,If G PI N ,.„,-;‘,-0" � 4. 1455927152 Site Size 4. +s-,,N. 2.66 Acres m � aej,, `a AICUZ ` �4 Less than 65 dB DNL Watershed Southern Rivers '. r ^• w sem* �rx Existing Land Use and Zoning District `. ',1 Shopping Center/ B-2 Community Business g " • .�e� "' y1..�. Surrounding Land Uses and Zoning Districts `^-; �� 0 -•;\ ....# ` ``/1 '\. North • • `1 ss.° , , Single-family dwellings, retail/ R-7.5 - '•t'i4.i Residential, B-2 Community Business t '' ' ' � . . South :•. ,. , 4 •• "' N Restaurant, retail/B-2 Community Business s ` • .e;-.�' •"-• ,`�' East 4^;,,` Old Ridge Road _ s '' .: ' 4"`, 1 Single-family dwellings/R-7.5 Residential, B-2 '' 'R' ' ', Community Business ' ,, \I.!"#•'r: ...„-r. West 1 Kempsville Road Church, brewery/B-2 Community Business Iron Asylum 2, LLC Agenda Item 5 Page 1 Background and Summary of Proposal • The applicant is requesting a Conditional Use Permit for both an Indoor Recreation Facility and an Outdoor Recreation Facility in order to operate a 24-hour fitness center oriented towards clients who desire strength training, body building, and Olympic lifting. • The indoor portion of the operation is planned within a 16,938 square-foot unit in the Kempsville Crossing Shopping Center. • It is anticipated that up to 14 employees will work at the facility which will be staffed from 8:00 a.m.to 10:00 p.m.weekly. • The Outdoor Recreation Facility is requested in order to provide for the training of clients or small groups of up to twelve in an outdoor area located at the rear of the unit of approximately 12 feet by 50 feet. Activities will be limited to daylight hours and will be used for exercises such as sandbags,tire flips, battle ropes, and yoke carries. • There will be no speakers, monitors,or amplification of music or instructions outside. • A non-illuminated eight-foot by six-foot flat sign of either hard acrylic or aluminum is proposed to be installed on the exterior wall above the main entrance,as depicted on page 6 of this report. • With the exception of the new signage, no other changes are proposed to the exterior of the building. l/ -C.1 B : R•?5 /, R-75 \` QN, /7/ Zoning History > , 8-2 d I � R-7.6 # Request 1 REZ(0-2 to Conditional B-2)Approved 06/07/2016 � Rzs + CUP(Craft Brewery,Assembly Use,Open-Air Market) B2 % Approved 06/07/2016 2 CUP(Bingo Hall)Approved 09/23/2008 \'\ CUP(Private School)Approved 03/25/2008 2 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Iron Asylum 2, LLC Agenda Item 5 Page 2 Evaluation and Recommendation The proposed Conditional Use Permit request for both an Indoor Recreation Facility and an Outdoor Recreation Facility, in Staff's opinion, is consistent with the Comprehensive Plan's land use policies for this area, as this type of use helps support the recreational needs of residents. Since the proposed facilities will be located in a retail shopping center,the anticipated traffic generated by the unit has been accounted for in the original design for traffic flow and parking for the shopping center. The proposed use is compatible with the other commercial uses located in the Kempsville Crossing Shopping Center, and is an excellent reuse of a former grocery store space. As such, Staff recommends approval of this request,subject to the conditions below. Recommended Conditions 1. The location of the Indoor Recreation Facility and the Outdoor Recreation Facility shall be limited to the areas depicted on the proposed site layout on page 5 of this report,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. All exterior building signage shall comply with the requirements of the City Zoning Ordinance. 3. Outside storage of any equipment or any materials shall be prohibited within drive aisles and fire lanes. 4. The applicant shall obtain all necessary permits and inspections from the Department of Planning and Community Development Permit and Inspections Division,the Health Department, and the Fire Department. The applicant shall obtain a Certificate of Occupancy from the Building Official's Office prior to commencing operation. 5. The maximum number of individuals within the facility shall not exceed the maximum number as determined by the Fire Marshal. Comprehensive Plan Recommendations This site is located within the Centerville Strategic Growth Area (SGA). The SGA Plan recommends reviving existing development areas, improving the pedestrian environment and incorporating open spaces on commercial sites to serve both customers and nearby residents. Natural and Cultural Resources Impacts The site is located in the Southern Rivers watershed. There does not appear to be any significant natural or cultural resources associated with the site, as it is developed with a shopping center. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Kempsville Road 30,013 ADT 1 26,300 ADTi(LOS 2"C") 42,100 ADT (LOS "D") 1 13,600 ADT 1(LOS 2"C") No Change Anticipated Centerville Turnpike 18,444 ADT 15,000 ADT 1(LOS 2"D") Average Daily Trips LOS=Level of Service Iron Asylum 2, LLC Agenda Item 5 Page 3 Public Utility Impacts Water & Sewer This site is currently connected to both City water and sanitary sewer service. Iron Asylum 2, LLC Agenda Item 5 Page 4 Proposed Layout Proposed Outdoor , . 4 Recreation Area _ 490, oow L Pd C � 4 EntranceroposeSign \` e ' r%4 _ , Unit Proposed Indoor ------,A- . d Recreation Area - 1 J , t� { •40 / skk4; ., � 1f Iron Asylum 2, LLC Agenda Item 5 Page 5 Proposed Sign Elevation PROPOSED SIGNAGE ABOVE FRONT DOOM A S APPROX8'X6' S ‘010 Vey z lit tc' Ii %10 IRONASYLUM WAREHOUSE GYM ENTRANCE Iron Asylum 2, LLC Agenda Item 5 Page 6 • Site Photos . f _ v `Sssf;l . 0.0. , � / .pis' p y 1 - J . a i a'. { 'sem +r 'P f t Iron Asylum 2, LLC Agenda Item 5 Page 7 Disclosure Statement APPLICANT'S NAME IRON ASYLUM 2 LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: T Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Compliance,Special Investment Program Nonconforming Use Exception for (EDLP) Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement ,Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updater. _eks prior to any Paget of 7 Piannrrrq corrau5SIOn and City Council meet+na that ner;a:.:,,a the aooiscatoniO. 0 APPLICANT NOTIFIED OF HEARING DATE: ESL NO CHANGES AS OF , DATE' i /a 3/ao"9 49Robert A. Davis O REVISIONSSUBMIT-TEDDSII:' Iron Asylum 2, LLC Agenda Item 5 Page 8 Disclosure Statement Virginia Beach ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ZCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Iron Asylum 2, LLC If an LLC, list all member's names: Alvin Lapitan Aimee Lapitan If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) The Iron Asylum, LLC See next page for information pertaining to footnotes1 and 2 ! ! SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. 111 Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ® Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name:Virginia Kempsville, LLC If an LLC, list the member's A public company with general partners-see names:Cedar Realty Trust Partnership, L.P attached list. Page 2 of 7 Iron Asylum 2, LLC Agenda Item 5 Page 9 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 `Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code §2.2.3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when(i) one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Iron Asylum 2, LLC Agenda Item 5 Page 10 Disclosure Statement la APPLICANT Virginia Beach PROVIDER (use additional sheets if YES f NO SERVICE ! needed) n n Accounting and/or preparer of your tax return C Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than • Eithe Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed II x purchaser of the subject property 1-1 (identify purchaser(s)and purchaser's service providers) Inl Construction Contractors RIEngineers/Surveyors/Agents Financing (include current r l X mortgage holders and lenders u selected or being considered to provide financing for acquisition or construction of the property) • ElLegal Services Real Estate Brokers / • © Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have X an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Iron Asylum 2, LLC Agenda Item 5 Page 11 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. Alvin Lapitan 11/1/2018 APPUCANT'SSIGNATURE -• PRINT NAME DATE Page 5 of 7 Iron Asylum 2, LLC Agenda Item 5 Page 12 Disclosure Statement OWNER Virginia Beach YES NO SERVICE J PROVIDER(use additional sheets if needed) `-' l l Accounting and/or preparer of Ernst&Young l I your tax return 1-1 >171 Architect/Landscape Architect/ Land Planner ^ Contract Purchaser(if other than mthe Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ E purchaser of the subject property (identify purchaser(s)and purchaser's service providers) • XConstruction Contractors CI I Engineers /Surveyors/Agents Financing (include current I I Iv mortgage holders and lenders In I selected or being considered to provide financing for acquisition or construction of the property) X0 Legal Services Marialana Morvillo(leasing matters) Real Estate Brokers / Harrison&Bates(leasing matters) Agents/Realtors for current and f/\ anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ 5< an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Iron Asylum 2, LLC Agenda Item 5 Page 13 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been 'scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VEDA meeting, or meeting of any public body or committee in connection with this A• .lication. Casey Fennell 12/12/201 PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 Iron Asylum 2, LLC Agenda Item 5 Page 14 Disclosure Statement cdt CEDAR REALTY TRUST Corporate Headquarters CEDAR REALTY TRUST,INC. 44 South Bayles Avenue SECRETARY'S CERTIFICATE Port Washington.NY 11050 516.767.6492 I,Adina G. Storch,being the EVP,General Counsel and Corporate Secretary of Cedar Realty Trust, Inc., a Maryland corporation (the "Corporation"),the general partner of the limited partnership of Cedar Realty Trust Partnership, L.P.,which is the sole member of Virginia Kempsville, LLC,the owner of the property located at 1 830 Kempsville Road,Virginia Beach,Virginia known as Kempsville Crossing Shopping Center,do hereby confirm that Casey Fennel,as Director of Construction,is authorized to sign, on behalf of the Corporation,the conditional use application of Iron Asylum 2 LLC d/b/a The Iron Asylum to the City of Virginia Beach Planning and Development Department in connection with its lease at Kempsville Crossing Shopping Center. tn... IN WITNESS WHEREOF,I have signed this certificate this 1164-Clay of December,2018. tet/ 1 Name: Adina .Sto • Title: Secretary Iron Asylum 2, LLC Agenda Item 5 Page 15 Disclosure Statement Limited Partners of Cedar Realty Trust Partnership,LP Mitchell R.Cohen John Behrens Betty Perell,Trustee John Fasciano John C.Reed Lenora Colarusso Brandon Famous John E.Leek III Betty S.Perell,Trustee Jeffrey Cohen Matthew J.Marano,Jr.,M.D. Leslie D.Nessman John Kushner Raymond Rappleyea BVS Bethel OP LLC Steve O'Malley Richard Rappleyea RN Leek&JE Leek&BY Leek, Trupert Ortlieb Richard Wines Trustees Sandra E.Giltz Andrew Abrams Joseph Willner Trustee Steven R.Abraham Alden T.&Theresa Smith Jt Jane Bloomgarden Revocable Craig S.&Amy S.Eckenthal Jt Ten Trust Ten Richard S.Miller River View Development D.Defeler&S.Buchbinder Jt Peter B.Eddy Corp. Ten William S.Robertson,Ill c/o Tower Investments,Inc. Harry C.Oefinger Daniel Kinburn Iron Asylum 2, LLC Agenda Item 5 Page 16 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy,are required before any uses allowed by this Use Permit are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Iron Asylum 2, LLC Agenda Item 5 Page 17 Item#5 Iron Asylum 2, LLC Conditional Use Permits (Indoor Recreation Facility & Outdoor Recreation Facility) 1832 Kempsville Road, Suite 13 District—Centerville JANUARY 9,2019 CONSENT Ms. Rucinski: Thank you, Commissioner Weiner. The next item on the agenda is item number five, and that's an application for Conditional Use Permits for Indoor and Outdoor Recreation Facilities on property located at 1832 Kempsville Road, Suite 13 in the Centerville District. Is there a representative here for that matter? And as you come to the mic, can you state your name for the record? Mr. Lapatin: Name is Elwin Lapatin. Ms. Rucinski: And are the conditions acceptable to you? Mr. Lapatin: They are. Ms. Rucinski: Alright, thank you. Is there anyone here in opposition to this application being placed on the consent agenda, Alright, seeing none, the Chair has asked Commissioner Wall to review this item for the record. Mr. Wall: Okay, thank you. The applicant is requesting a Conditional Use Permit for both an Indoor Recreation Facility and an Outdoor Recreation Facility in order to operate a 24-hour fitness center. The indoor portion of the operation is planned within Kempsville Crossing Shopping Center. It is anticipated that 14 employees will work at the facility which will be staffed from 8:00 p.m. to 10:00 p.m. weekly. The Outdoor Recreation Facility is requested in order to provide for the training of clients or small groups of up to twelve in an outdoor area located directly at the rear of the unit of approximately 12 feet by 50 feet. Activities will be limited to daylight hours and will be used for exercises such as sandbags, tire flips, battle ropes, and yoke carries. There will be no speakers, monitors, or amplification of music or instructions outside. A non-illuminated eight-foot by six-foot flat sign is proposed to be installed on the exterior of the building above the main entrance. With the exception of the new signage, no other changes are proposed to the exterior of the building. The conditions are acceptable to the applicant. There is no known opposition and staff recommends approval. Therefore, we have placed this item on the consent agenda. 1 AYE 10 NAY 0 ABS 0 ABSENT 1 ALCARAZ AYE BARNES AYE GRAHAM AYE HORSLEY AYE INMAN ABSENT OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE WALL AYE WEINER AYE CONDITIONS: 1. The location of the Indoor Recreation Facility and the Outdoor Recreation Facility shall be limited to the areas depicted on the proposed site layout on page 5 of this report, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. All exterior building signage shall comply with the requirements of the City Zoning Ordinance. 3. Outside storage of any equipment or any materials shall be prohibited within drive aisles and fire lanes. 4. The applicant shall obtain all necessary permits and inspections from the Department of Planning and Community Development Permit and Inspections Division, the Health Department, and the Fire Depailment. The applicant shall obtain a Certificate of Occupancy from the Building Official's Office prior to commencing operation. 5. The maximum number of individuals within the facility shall not exceed the maximum number as determined by the Fire Marshal. 2 N „...,.....1 L--j 1,, ...\ \ i„,„1 _GANQ uopieqs 77) itM , _ ,_ 000 f` 9 � ? F I �-- - 0 L °r - __ .JaiCf0 1-----ff-7 - No M Li ,___7 P 41k.%Lib r >I C:5 0 i SS'IC. 44 Li7N N CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: LECREA WESTMORELAND [Applicant] JARMINE WESTMORELAND & LECREA WESTMORELAND [Property Owners] Conditional Use Permit (Family Day-Care Home) on property located at 4857 S. Oliver Drive (GPIN 1479360944), COUNCIL DISTRICT — BAYSIDE. MEETING DATE: February 5, 2019 • Background: The applicant requests a Conditional Use Permit for a Family Day-Care Home to care for up to 12 children within a single-family dwelling. According to the application, as a matter of right, child care has been provided for up to four children in the 1 ,700 square foot home for the past seven years. The applicant has certification from the Child Development Home Program through the Navy. The property has a large enclosed yard in both the front and to the side of the dwelling for the children to play safely outdoors. The proposed typical hours of operation will be from 6:00 a.m. to 6:00 p.m., Monday through Friday. • Considerations: The proposed Conditional Use Permit request for a Family Day-Care Home is consistent with the Comprehensive Plan's land use policies for residential areas, as it will provide a valuable service for families in the Suburban Area. To alleviate the potential for congestion of client parking in the right-of-way, the Staff recommends a condition to stagger pickup and drop off times. Staff is not aware of any opposition to this request. Further details pertaining to the request, as well as Staff's evaluation, are provided in the attached Staff report. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request. 1 . Arrival and departure times shall be staggered to avoid vehicular congestion. 2. The Family Day-Care Home shall be limited to a total of twelve (12) children, other than children living in the home. 3. The applicant shall maintain a license for the in-home daycare operation with the Commonwealth of Virginia, Department of Social Services. Lecrea Westmoreland Page 2 of 2 4. No more than one (1) person, other than the applicant, shall assist with the operation of the family day-care home at any one time. 5. Any sign identifying the Home Occupation shall be non-illuminated, not more than one (1) square foot in area and shall only be mounted flat against the residence. 6. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a Family Day-Care Home. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Depart en • •ency: Planning Departme ioy • City Manager: .r�i%, Applicant LeCrea Westmoreland Agenda Item NIBProperty Owner Jarmine & LeCrea Westmoreland Public Hearing January 9, 2019 7 City Council Election District Bayside Virginia Beach Request t ..m""`.^ Conditional Use Permit (Family Day-Care "°" l ,;h M°y„�y Home) yg�,_ ""° 10400 Staff Recommendation U an<.,�„ t i Approval ( ` G I "pa° ,.s i Staff Planner 1 s I°'"° ,, a Jonathan Sanders ; I f i 6 '/ GoMN xx t i £ r Location =t, e F 4857 S. Oliver Drive r, , r �,,a.�° G PI N r � ' 1479360944 I Site Size 30,175 square feet AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District _ f Single-family dwelling/ R-10 Residential (Shore "� ,. - Drive Overlay) ' t.,t � t1 I .7r 1. Surrounding Land Uses and Zoning Districts z4 North tir ,�. x,< 'r I. -;.+„. :1 f 4 co- �- .� r - .N Single-family dwelling/ R-10 Residential (Shore .. .r�,/� Drive Corridor Overlay) +. +i�Y i > South .,....t..._!t:?„ „''- ,00 n.-, Single-family dwelling/ R-10 Residential (Shore ,,it: „ ._� i, t _ r1 , 3 Drive Corridor Overlay) F st w ,� t' - ...*, East 4- w .. A',t-Or 1� . > . ? ,i Ni S. Oliver Drive y •, 'a_' r Single-family dwelling/ R-10 Residential (Shore , '`' ”tt i W' -' �' , ":�+14 r imil 1, -..:,;:.`4 t r" � d �r".c t. Drive Corridor Overlay) West Woods/R-10 Residential (Shore Drive Corridor Overlay) LeCrea Westmoreland Agenda Item 7 Page 1 Background and Summary of Proposal • The applicant requests a Conditional Use Permit for a Family Day-Care Home to care for up to 12 children within a single-family dwelling. • According to the application, as a matter of right, child care has been provided for up to four children in the home for the past seven years. The applicant has certification from the Child Development Home Program through the Navy. • The property has a large enclosed yard in both the front and to the side of the dwelling for the children to play safely outdoors. • The proposed typical hours of operation will be from 6:00 a.m.to 6:00 p.m., Monday through Friday. f}/l 4 8 2 t (r 1-2 /�� !' R- No Zoning History to Report jr r7 • Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation and Recommendation The proposed Conditional Use Permit request for a Family Day-Care Home, in Staff's opinion, is consistent with the Comprehensive Plan's land use policies for residential areas, as it will provide a valuable service for families in the Suburban Area.To alleviate the potential for congestion of client parking in the right-of-way, Staff recommends a condition to stagger pickup and drop off times. For the reasons stated above, Staff recommends approval of this application, subject to the following conditions. Recommended Conditions 1. Arrival and departure times shall be staggered to avoid vehicular congestion. LeCrea Westmoreland Agenda Item 7 Page 2 2. The Family Day-Care Home shall be limited to a total of twelve (12) children, other than children living in the home. 3. The applicant shall maintain a license for the in-home daycare operation with the Commonwealth of Virginia, Department of Social Services. 4. No more than one (1) person, other than the applicant, shall assist with the operation of the family day-care home at any one time. 5. Any sign identifying the Home Occupation shall be non-illuminated, not more than one (1)square foot in area and shall only be mounted flat against the residence. 6. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation,the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a Family Day-Care Home. Comprehensive Plan Recommendations The Comprehensive Plan recognizes this property as being within the Suburban Area. Guiding principles have been established in the Comprehensive Plan to guard against possible threats to the stability of the Suburban Area and to provide a frame work for neighborhoods and places that are increasingly vibrant and distinctive. The Plan's primary guiding principle for the Suburban Area is to create "Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and the future. Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. There does not appear to be any significant natural or cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic 2S.Oliver Drive No Data Available Existing Land Use 10 ADT Proposed Land Use 3-49 ADT 'Average Daily Trips 'as defined by a single- Sas defined by a family day-care home °LOS=Level of Service family dwelling Public Utility Impacts Water & Sewer This site is currently connected to both City water and sanitary sewer service. LeCrea Westmoreland Agenda Item 7 Page 3 Site Layout Aar.11. . _ :! / - Y ik,,,,,,L,_ _ ,_' 5:5n1,....as„... 1, ,5. 7 •; - - cr ! -k.••■..r Nitir r 4 { ' }T ,41call1;,,,, _ .. :: , :4t s A f -� ”. , '' ' t -'1', i e 1 a fillifit,, ,...04._,,,:ali/kik : • ...if'.., g LeCrea Westmoreland Agenda Item 7 Page 4 Site Photos J • • • •.„..,1; .10113,1FAI ; . x' + " Lit - • �i Mfr 4 .'f'� -�, ..s LeCrea Westmoreland Agenda Item 7 Page 5 Disclosure Statement Vaiiii Virginia Beach APPLICANT'S NAME ,(f a ti%!s trlvre%k!f DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following; Acquisition of Property Disposition of City I Modification of by City Property � Conditions or Proffers Alternative Economic Development i Nonconforming Use . Compliance,Special Investment Program Changes I Exception for (EDIP) _ ---1FBoprd of Zoning Encroachment Request Rezoning Appeals - __. Certificate of Floodplain Variance AppropriatenessStreet Closure Franchise Agreement LI (Historic Review Board) _ ; Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board _ Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Plannin Commission and Cit Council meetin;that,ertains to the aar.ikatio s). APPLICANT NOTIFIED OF HEARING DATE: Cil NO CHANGES AS OF DATET, Tt--2.3 • J S Jonathan Sanders 0 -REVISIONS SUBMITTED DATE. i LeCrea Westmoreland Agenda Item 7 Page 6 Disclosure Statement Virginia Beach ✓Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:______ _____ ____ If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business,or other unincorporated organization. ECheck here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 LeCrea Westmoreland Agenda Item 7 Page 7 Disclosure Statement AN3 Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship,that exists when (i)one business entity has a controlling ownership interest in the other business entity,(ii) a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business.operatiny or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 LeCrea Westmoreland Agenda Item 7 Page 8 Disclosure Statement APPLICANT Virginia Beach YES NO I SERVICE PROVIDER(use additional sheets if needed) [Er Accounting and/or preparer of SileSai1 your tax return ErArchitect/Landscape ArchiteI Land Planner Contract Purchaser(if other than the Applicant)-Identify purchaser 1 and purchaser's service providers Any other pending or proposed (l purchaser of the subject property 1-1 (identify purchaser(s)and l.�l purchaser's service providers) Construction Contractors 10/ Engineers/Surveyors/Agents Financing(Include current Li 2mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ �/ Legal Services ❑ 2/ Real Estate Brokers/ Agents/Realtors for current and anticipated future sales of the sub'ect 'rose • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have�i an interest in the subject land or any proposed development ❑ [ contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 LeCrea Westmoreland Agenda Item 7 Page 9 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. / -efest, We.5 1Por eina ///1/ r / APCANTS SIGNATURE PRINT NAME AT Page 5 of 7 LeCrea Westmoreland Agenda Item 7 Page 10 Disclosure Statement \LI) OWNER .'irginia Beach YES NO I SERVICE PROVIDER(use additional sheets if] needed) E i Accounting and/or preparer of .7- re.' 3',' ,'U°'2 your tax return f ErArchitect/Landscape Architect/ Land Planner Contract Purchaser(if other than ❑ the Applkant)-identify purchaser and purchaser's service providers Any other pending or proposed "i C purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors ❑ 0 Engineers/Surveyors/Agents Financing(include current f'ey 5?'" '- t I-! El mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) nLegal Services Real Estate Brokers/ , 0 a Agents/Realtors for current and I anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO --Does an official or employee of the City of Virginia Beach have C r.i- an interest in the subject land or any proposed development �._! contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 LeCrea Westmoreland Agenda Item 7 Page 11 Disclosure Statement \13 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information; I provided herein two weeks prior to the Planning Commission, Council, VEDA meeting, or meeting of any public body or committee in connection with this A• •lication_ -- " /- L - kies4o e/a,c/ ( • .• TY OWNER'S SIGNATURE PRINT NAME A Page 7 of 7 LeCrea Westmoreland Agenda Item 7 Page 12 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. LeCrea Westmoreland Agenda Item 7 Page 13 Item#7 LeCrea Westmoreland Conditional Use Permit(Family Day-Care Home) 4857 S. Oliver Drive District—Bayside JANUARY 9, 2019 CONSENT Ms. Rucinski: Thank you Commissioner Wall. The next item on the consent agenda is item number seven, is the applicant for that item here that is an application for a conditional use permit for a family daycare home on property located at 8457 South Oliver Drive in the Bayside District. Ms. Westmoreland: Hello,my name is LeCrea Westmoreland. Ms. Rucinski: Are the conditions is acceptable to you? Ms. Westmoreland: Yes. Ms. Rucinski: Is there anyone here who is in opposition to this matter being placed on the consent agenda? Seeing none, the chairman has asked Commissioner Ripley to review this for the record please. Mr. Ripley: Thank you very much. This is an application for a family daycare in the in a house in a neighborhood at 4857 South Oliver Drive. It's very routine. This is by- right if you can have four children under daycare not related to them. The applicant is asking for 12. The staff has been out and reviewed it and looked at the yard and looked at the conditions and has recommended that this be approved. It's pretty routine for us to do that. We really do like seeing daycare within the neighborhoods, as it helps a lot of families out that wouldn't otherwise have access to this type of service. There are six conditions that are applied to it. The applicant is agreed to it. The Planning Commission is recommending approval too, so we put it on a consent agenda. Ms. Rucinski: Thank you Commissioner Ripley. Madam Oliver that is the last item on the consent agenda, so I would like to make a motion that we approve the consent agenda items number one,three, five and seven. Mr. Weiner: Second. Ms. Oliver: Alright. 1 Cole Fisher: Vote is open. Ms. Garrido: By a recorded vote of 10-0 agenda items one, three, five, and seven have been approved by consent. AYE 10 NAY 0 ABS 0 ABSENT 1 ALCARAZ AYE BARNES AYE GRAHAM AYE HORSLEY AYE INMAN ABSENT OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE WALL AYE WEINER AYE CONDITIONS: 1. Arrival and departure times shall be staggered to avoid vehicular congestion. 2. The Family Day-Care Home shall be limited to a total of twelve (12) children, other than children living in the home. 3. The applicant shall maintain a license for the in-home daycare operation with the Commonwealth of Virginia, Department of Social Services. 4. No more than one (1) person, other than the applicant, shall assist with the operation of the family day-care home at any one time. 2 5. Any sign identifying the Home Occupation shall be non-illuminated, not more than one (1) square foot in area and shall only be mounted flat against the residence. 6. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a Family Day-Care Home. 3 C fit u ,1 i�1,,u171 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AN ORDINANCE TO AMEND SECTION 1.3 OF THE FLOODPLAIN ORDINANCE PERTAINING TO THE DEFINITION OF REPETITIVE LOSS MEETING DATE: February 5, 2019 • Background: All residents that carry a flood insurance policy through the National Flood Insurance Program can access up to $30,000 to assist with the cost to elevate or demolish their structure through Increased Cost of Compliance (ICC) Coverage. Based on FEMA's current policy, these funds can only be accessed if the structure sustains flood damage equal to or exceeding 50% of the market value of the structure prior to the flood event; however, if a locality defines repetitive loss through their Floodplain Ordinance these funds are also available to repetitive loss properties. There are over 500 structures in Virginia Beach that are classified as repetitive loss structures by the Federal Emergency Management Agency(FEMA). • Considerations: The proposed amendment defines the term "repetitive loss", which will allow Virginia Beach residents access to ICC funds to assist with elevation or demolition of a building that is classified as a repetitive loss structure by FEMA. • Public Information: Public information will be provided through the normal Council agenda process. • Recommendation: City Staff recommends approval of the Ordinance. • Attachment: Ordinance Recommended Action: Staff recommends approval Submitting Departm-nt/Agency: Planning Department, City Manager: ‘..SPA' 1 AN ORDINANCE TO AMEND SECTION 1 .3 OF 2 APPENDIX K, FLOODPLAIN ORDINANCE TO ADD A 3 DEFINITION FOR REPETITIVE LOSS 4 5 Section Amended: Floodplain Ordinance § 1.3 6 7 WHEREAS, the public necessity, convenience, general welfare and good zoning 8 practice so require; 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 11 VIRGINIA: 12 13 That Section 1.3 of Appendix K, the Floodplain Ordinance is hereby amended to 14 read as follows: 15 16 Sec. 1.3. — Definitions. 17 18 . . . . 19 20 Regulatory flood protection elevation (design flood elevation). The base flood 21 elevation plus the freeboard required by this ordinance. 22 23 Repetitive Loss. Flood-related damages to a structure sustained on two (2) 24 separate occasions during a ten (10) year period for which the cost of repairs at the time 25 of each flood event, on average, equals or exceeds twenty-five percent (25%) of the 26 market value of the structure before the most recent damage occurred. 27 28 Special flood hazard area (SFHA). The land in the floodplain subject to a one (1) 29 percent or greater chance of being flooded in any given year as set forth in this ordinance. 30 These areas are designated as AE, AH, AO, A, and VE on the FIRM. 31 32 . . . . Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2019. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department ity Attorney's Office CA14591 R-1 December 11, 2018 \HN4'6Ej • CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AN ORDINANCE TO AMEND SECTION 201 OF THE CITY ZONING ORDINANCE PERTAINING TO PERMITS FOR FENCES MEETING DATE: February 5, 2019 • Background: The Zoning Ordinance currently requires a permit for the installation or repair of any fence or wall located within 30 feet of a right-of-way, as well as any pool enclosure. This predominately impacts corner and through lots. A large portion of fences and walls within the city currently do not require a permit. This amendment would continue to require a permit for all fencing and walls within 30 feet of the right-of-way, as well as require a permit for all fences and walls where the construction, repair, replacement, or reconstruction of the fence or wall exceeds 50 percent of the existing fence or wall, measured in linear feet. This amendment exempts hedges or rows of shrubbery, any interior barrier within a portion of the yard not directly adjacent to property not owned by the homeowner, and temporary fences or walls. The permit is valid for 180 days from the date of issuance. Fence permits are issued by the Zoning Office with an `over-the-counter review. A sealed site survey or other documentation showing the existing conditions on the lot is required to obtain a permit. Upon completion of work, each permit requires an inspection to ensure compliance with zoning requirements. The property owner will be responsible for providing information locating the property lines as needed. • Considerations: This amendment provides the City's Zoning Office with an increased scope of enforcement for fencing, regardless of its location on the site. Given the volume of permits, inspections and complaints that this amendment may generate, additional Staff and resources may be needed. Minor clarifying changes were made to the text after consideration by the Planning Commission. • Recommendations: City Staff recommends approval of this request. The Planning Commission passed a motion to recommend approval of this request by a vote of 9-0. • Attachments: Staff Report Ordinance Minutes of Planning Commission Hearing City of Virginia Beach Page 2 of 2 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Departme• a gency: Planning Department City Manager. �1� REQUESTED BY COUNCILMEMBER JONES 1 AN ORDINANCE TO AMEND SECTION 201 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO PERMITS FOR FENCES 4 5 Section Amended: § 201 of the City Zoning 6 Ordinance 7 8 WHEREAS, the public necessity, convenience, general welfare and good zoning 9 practice so require; 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 14 That Section 201 of the City Zoning Ordinance is hereby amended and 15 reordained to read as follows: 16 17 Sec. 201. - Yards. 18 19 . . . . 20 21 (e) Requirements for fences and walls. Except as may be provided by the 22 regulations of the Oceanfront Resort District Form-Based Code, the following 23 requirements shall apply to fences and walls: 24 25 . . . . 26 27 A zoning permit shall be required for the construction of all fences and walls, 28 and for repairs, replacements, and/or reconstruction of fences and walls that 29 involve more than fifty percent (50%) of the existing fence or wall, measured 30 in linear feet. A permit is not required for: hedges or rows of shrubbery; or an 31 interior barrier located entirely within a portion of a yard not directly adjacent 32 to property not owned by the homeowner, including garden fences or dog 33 pens; and temporary fences or walls. A current site survey or other 34 documentation sufficient to ensure that the fence is placed in the correct 35 location is required for such permit. A fence permit shall be valid for 180 days 36 from the date of issuance. 37 38 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 39 of , 2019. APPROVED AS TO LEGAL SUFFICIENCY: r?dik •.t City Attorney's Office CA14453/R-6/January 30, 2019 Item #D2 City of Virginia Beach—An Ordinance to Amend Section 201 of the City Zoning Ordinance pertaining to Permits for Fences November 14, 2018 APPROVED Mr. Fisher: By vote of 9-0, agenda item number 13 has been deferred. Last order of business is agenda item D2 City of Virginia Beach, an ordinance to amend Section 201 of the City Zoning Ordinance pertaining to permits for fences. Mr. Horsley: Mr. Chairman if you can please let them know we are going to have workshop. Mr. Thornton: Yes, I did, I will remind you that those of you who are leaving, we are going to have a workshop in November, it will be in the newspaper, it will be advertised, is that correct Barry. Ms. Wilson: No, it won't be in the newspaper, it will be in front of my office and in front of Barry's office. Mr. Frankenfield: We will put it on the website. Ms. Wilson: Okay November 29th Mr. Thornton: They are leaving, they don't care. But Mr. Kemp the guy that cost you to have to stay this entire time for this one item left and we have decided to move this to the consent agenda but anyway, we will hear it, you brief us and we will motion it and will be on our way. Mr. Kemp: Thank you Chairman, I am actually shocked that the room emptied out, I thought everyone was hear for my fence ordinance but. 1 Mr. Thornton: They hadn't read it. [Crosstalk] and we do not let him forget this month. Mr. Kemp: I certainly won't. Well, this is a proposed amendment to our fence ordinance which would require a permit for every fence, currently our ordinance requires a permit only for fences located within 30-feet of a public right-of-way, this would extend that permit requirement to all fences. One caveat is that if you are repairing an existing fence and you are repairing 50% or less of the length of that fence, you do not need a permit. So if the panel falls or a board falls and you want to repair it that you can do without a permit but if you want to replace the fence regardless of where it is on your lot, you do require a permit from the zoning division. I can just feel Jeff did ask about the frequency and in 2018 we're projected to provide 250 fence permits this year so right now the current ordinance that's about the volume we are proceeding. Mr. Thornton: Okay, Dee. Ms. Oliver: So with our missing commissioner, I have to say, I am kind of with him on this a little bit just because I am not quite sure I understand why we have to go to the trouble, why we are asking someone to go to the trouble to repair more than 50% of a fence with the time and the trouble and the expense it takes to come down to have all that done. I am just maybe you can help get us there. Mr. Kemp: Absolutely, we don't deal with the huge volume of fence complaints. This past year, we have only had 100 and most of them do not have follow-through, but there are few that are extensive and they usually involve fences on people's property, you know, dispute between two neighbors which is a civil matter 2 between those neighbors, what this ordinance amendment is aim to do is if there is a dispute like that, and a permit was not received, it would give the planning department at least the ability to go out, you know, make them get a permit and then be able to check the location based on the survey. Mr. Thornton: Jack. Mr. Wall: Actually, I think Dave has. Mr. Thornton: Okay Dave. Mr. Redmond:Which Dave? Mr. Thornton: Whichever wants to speak first? Mr. Redmond:No, I was going to say the other benefits, I am going to support this and I know this is come from some issues that Mr. Jones had brought to him and the other benefit of it is of course you got to get a permit, you are going to be more careful about what you are doing when you do, a lot of people who might and a fence keep in mind a permanent structure, some of them can be large permanent structures and so before you go and put a permanent structure on your property or right on your property line with your neighbor, you are probably going to be more careful about that and can tell the survey as oppose to going down to Lowes grabbing, you know, 75 feet of fence and popping it down and finding out later when your neighbors yelling at you over that fence that there is a conflict with that. I think the intention is it would cause folks to be more careful about that and that we would have fewer problems that we then have to sort out later on and that 3 is the I think that's probably the benefit to it so I am going to support the ordinance and I hope others do too. Mr. Thornton: Mr. Weiner. Mr. Weiner: Was there multiple situations that brought this up or there is one, big one that brought it up, I mean, I don't understand why? Mr. Kemp: There was one recently on Shore Drive that as Commissioner Redmond said that Mayor Jones was involved in but there have been several of these issues in the past couple of years that have escalated. Mr. Thornton: Question over here Jack. Mr. Wall: So what was the original intents of this ordinance, you know, an ordinance to amend Section 201, you know, what's the intent of this, the original ordinance, fence ordinance? Mr. Kemp: The original fence ordinance it list, you know, the permitted height, permitted materials, locations, what planting it just gives those requirements but this amendment does is it specifically says and states that a permit is required, whereas currently we require a permit for the first 30 feet from a right-of-way but that is an explicitly said in our ordinance. This would extend that. Mr. Wall: Okay, there is, you know, some fence, you know, my property I have part of the fence I own and then you know I have a fence on three side, you know really all inclusive of my backyard and you know I own this sort of section right here, half of that falls down, you know, well that's my fence, you know, I only have a 4 section and you know I have to get a permit so if 51% falls down then I think it's a challenge to grab my hands around that I would have to come and get a permit for that and even though that's the intent, it's kind of explain that to my neighbors and it's like no, you own this part of, this section of the fence, you are going to have a permit for that. Mr. Kemp: And that's the nature of fences is it does involve some civil engagement with your neighbors and that is also the root of most of the problems we have with fencing and since you mention a permit, I will say a fence permit cost 35 dollars and 60 cents. Mr. Thornton: Do you go out and inspect the fence after it's installed to make sure it's on the legal property line? Mr. Kemp: Currently yes, we go out and inspect every fence permit and we have a little compliance card and if they are compliant, we leave it in their door and if they are not, we leave our contact information to get there, but yes we do. Mr. Thornton: Because one benefit of this is lots of fences are not put in the right place and it creates a title problem and people will have to move them, you know, you sell your house and the next thing you know your neighbor fences on your property so if you do inspect the locations so that should eliminate some issues downstream. Mr. Kemp: That is the hope. Mr. Thornton: Okay, good other questions, Jack. 5 Mr. Wall: So how do you know where the fence, like if it's in the right place, you may come out there and say well you know here is GIS. Mr. Kemp: GIS, you know, that could be plus or minus five feet, the two best ways are they will have to produce the sight survey to get a permit, all that with that, you know, we can pull dimensions to get a pretty close idea where the property line is, the most accurate way of course would be to have the pins mark. Mr. Wall: Okay. Mr. Weiner: I didn't quite get that. Mr. Kemp: They have to provide a site survey which is scaled and from that, we are able to you know really closely find where the property lines are. Mr. Weiner: Several hundred dollars. Mr. Kemp: Yes. Mr. Thornton: Mostly everybody should have one, yeah, Dave. Mr. Hodgson: I am sure nobody knows that we are doing it, nobody is doing it now, probably nobody is going to do that in the future, I don't really see it will be a big deal. I didn't say like that, I mean I am serious. I mean nobody, you get a permit now, I doubt anybody is going to do in the future, so I don't really think this is really a big deal. Ms. Wilson: You think nobody is going to get a permit Mr. Weiner. Mr. Weiner: There is going to be no. 6 Mr. Redmond:He is going to say people are going to be violating the ordinance. Mr. Weiner: Nobody knows about, you don't have to do it now, nobody knows about it. Mr. Thornton: [Crosstalk] Can we have a motion? Jack you have any more, you have got some really good questions. Mr. Wall: No, I don't have any more questions. I just, you know, I just want to say that you know good fences make good neighbors, so I will support it. Mr. Thornton: Mr. Redmond. Mr. Redmond:Mr. Chairman I will move approval of the ordinance. Mr. Thornton: Okay. Mr. Redmond has made a motion, do I have a second? Mr. Inman: Second. Mr. Thornton: Second from Mr. Inman. I have a motion, and a second, alright, ready. Mr. Fisher: By vote of 9-0, agenda item D2 has been approved. AYE 9 NAY 0 ABS 0 ABSENT 2 HODGSON ABSENT HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI ABSENT THORNTON AYE WALL AYE WEINER AYE 7 L. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION BAYFRONT ADVISORY COMMISSION BIKEWAYS AND TRAILS COMMITTEE BOARD OF BUILDING CODE APPEALS -ELECTRICAL DIVISION -NEW CONSTRUCTION DIVISION -PLUMBING AND MECHANICAL DIVISION COMMUNITY SERVICES BOARD DEFERRED COMPENSATION BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION INVESTIGATIVE REVIEW PANEL OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PERSONNEL BOARD PUBLIC LIBRARY BOARD STORMWATER APPEALS BOARD TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT *********************** PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ********************************** ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 **************************** 2019 CITY COUNCIL MEETINGS Tuesday, February 5 Formal Session Tuesday, February 12 CANCELLED Tuesday, February 19 Formal Session Tuesday, February 26 Workshop CITY COUNCIL WINTER RETREAT Parks and Recreation Administrative Building 2154 Landstown Road Virginia Beach, Virginia 23456 February 11 and 12, 2019 02/05/2019 JAG CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:01/15/2019 PAGE: 1 AGENDA N ITEM# SUBJECT MOTION VOTE A H Y W W B E J G R I 0 B DN 0 K M A 0 L W0 O Y L N A 0 A U S O T TEE EN S R S O O E TR YS ESDENDN I. CITY COUNCIL'S BRIEFINGS A. OLD DOMINION UNIVERSITY— Dr.John Broderick, NURSING,HEALTH,AND President TELEHEALTH IN VIRGINIA BEACH B. OPPORTUNITY,INC. Shawn Avery, President and CEO C. SEA LEVEL RISE STUDY Mark Johnson, Director—Public Works Brian Batton,Ph.D., CFM,Associate— II. CITY MANAGER'S BRIEFINGS A. INTERIM FINANCIAL STATEMENTS Alice Kelly,Interim Director—Finance RESCHEDULED IIUIVN/ CERTIFICATION CERTIFIED 10-0 Y Y Y Y Y A Y Y Y Y Y VI/A-E F. MINUTES APPROVED 10-0 Y Y Y Y Y A Y Y Y Y Y January 8,2019 G. MAYOR'S PRESENTATION G.l VIBE CREATIVE DISTRICT 2018 VOLUNTEER OF THE YEAR— Charles Powell H. PUBLIC HEARINGS H.l LEASE OF CITY PROPERTY— NO SPEAKERS FARMERS MARKET a. Building 3,Space 13 to S&H Produce b. Building 7,Space 5&6 to Holland Produce H.2 CITY-OWNED PROPERTY—Town 1 SPEAKER Center Parking Franchise(Valet Services) J. Ordinances to AUTHORIZE the City J.1' Manager EXECUTE a Lease of City- ADOPTED,BY 10-0 Y Y Y Y Y A Y Y Y Y Y Owned Property for up to four(4)years at CONSENT Virginia Beach Farmers Market to: a. S&H Produce,Inc.,at Building 3,Space 13 b. Jesse B.Spry,t/a Holland Produce at Building 7,Space 5&6 J.2. Ordinance to AUTHORIZE the City ADOPTED 8-2 N Y Y Y Y A Y N Y Y Y Manager to EXECUTE a Franchise Agreement for the use of portions of public right-of-way at Town Center re valet services CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:01/15/2019 PAGE: 2 AGENDA N ITEM# SUBJECT MOTION VOTE A H Y W W B E J G R I 0 B DN 0 K M A 0 L W13 O Y LN AO A US 0 T TEE EN S R S O O E TR YS E SDENDN J.3. Resolution to APPROVE a non-binding ADOPTED 9-1 N Y Y Y Y A YY Y Y Y term sheet,REQUEST APPROVAL by the Virginia Beach Development Authority (VBDA)and AUTHORIZE the development of definitive project documents re Dome Site Project J.4. Resolution to PROVIDE City Council ADOPTED,BY 10-0 Y Y Y Y Y A YY Y Y Y concurrence with the Sheriff's CONSENT recommendation to proceed with a Comprehensive Agreement with R&S Corporation re Correctional Center Master Control Project J.5. Resolution to AUTHORIZE the Mayor to ADOPTED,BY 10-0 Y Y Y Y Y A YY Y Y Y EXECUTE a Sixth Amended Charter CONSENT Agreement of the Hampton Roads Workforce Council formerly known as Opportunity,Inc.of Hampton Roads re workforce development J.6. Resolution to AUTHORIZE and DIRECT ADOPTED,BY 10-0 Y Y Y Y Y A YY Y Y Y the City Manager to EXECUTE an CONSENT Amendment to the Memorandum of Agreement(MOA)re continue the Hampton Roads Regional Water Quality Monitoring Program between the City and Hampton Roads Planning District Commission J.7. Ordinance to AUTHORIZE a temporary ADOPTED,BY 10-0 Y Y Y Y Y A YY Y Y Y encroachment into a portion of City CONSENT Property known as the canal within the Iagomar Subdivision at 901 Verano Court re construct and maintain bulkhead,new pier,boathouse with boatlift and timber wharf J.8. Ordinance to AUTHORIZE a temporary ADOPTED,BY 10-0 Y Y Y Y Y A YY Y Y Y encroachment into a portion of City CONSENT Property known as Harbor Canal at 2316 Spindrift Road re construct and maintain new bulkhead and mooring piles J.9. Ordinances to ACCEPT and APPROPRIATE: a. $147,500 from the Virginia Department of ADOPTED,BY 10-0 Y Y Y Y Y A Y Y Y Y Y Emergency Management(VDEM)to the CONSENT FY2018-19 Emergency Management Operating Budget re purchase two(2) antennas b. $386,250 from the Department of Justice to ADOPTED,BY 10-0 Y Y Y Y Y A Y Y Y Y Y the FY2018-19 Virginia Beach City CONSENT Public Schools(VBCPS)Operating Budget re purchase of school security equipment c. $1.8-Million from the Virginia ADOPTED 10-0 Y Y Y Y Y A YY Y Y Y Commonwealth Opportunity Fund to the FY2018-19 Economic Development Operating Budget re incentive award CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:01/15/2019 PAGE: 3 AGENDA N ITEM# SUBJECT MOTION VOTE A H Y W W B E J G R I 0 B DN 0 K M A 0 L WO O Y LN AO AUS 0 T TEE E N S R S 0 0 E T R Y S E E S D E N D N J.10. Ordinance to APPROPRIATE$16,151 to ADOPTED,BY 10-0 Y Y Y Y Y A YY Y Y Y the FY2018-19 Emergency Medical CONSENT Services(EMS)Operating Budget and AUTHORIZE Grants to the Rescue Squads re reimburse vehicle auction proceeds J.11. Ordinance to TRANSFER$268,000 from ADOPTED 10-0 Y Y Y Y Y A YY Y Y Y the General Fund Reserve for Contingencies to the FY2018-19 Emergency Medical Services(EMS) Operating Budget re lifeguard services contract and AUTHORIZE the City Manager to EXECUTE a contract for Oceanfront lifeguard services with Virginia Beach Lifesaving Service(VBLS) K. WPL HOMES,INC./JO STALLARD APPROVED/ 10-0 Y Y Y Y Y A YY Y Y Y K.I. WOOLLING HODGES for a Variance to CONDITIONED, Section 4.1(m)(1)of the Subdivision BY CONSENT Regulations re re-subdivide property and create two(2)lots at 524 25th Street DISTRICT 6—BEACH K.2. RAW ENTERPRISES,INC.&BRYAN APPROVED/ 10-0 Y Y Y Y Y A YY Y Y Y and JUNE RAEHL/RUBY T. CONDITIONED, ARMENIOX for a Variance to Section BY CONSENT 4.4(b)of the Subdivision Regulations re lot width at 1925 Gum Bridge Road DISTRICT 7—PRINCESS ANNE K.3. SUBURBAN CAPITAL,INC./HYATT APPROVED,BY 10-0 Y Y Y Y Y A YY Y Y Y PLACE PEMBROKE,LLC for a Special CONSENT Exception for Alternative Compliance to the City Zoning Ordinance(CZO)re freestanding sign and building sign at 281 Independence Boulevard DISTRICT 4 —BAYSIDE K.4. GLENN MCDERMOTT/TOWN DEFERRED TO 10-0 Y Y Y Y Y A YY Y Y Y CENTER JEWEL,LLC for a Special FEBRUARY 5, Exception for Alternative Compliance to the 2019,BY City Zoning Ordinance(CZO)re CONSENT freestanding sign at 4452 Virginia Beach Boulevard DISTRICT 5—LYNNHAVEN K.5. PINEY GROVE BAPTIST CHURCH DEFERRED TO 10-0 Y Y Y Y Y A YY Y Y Y for a Modification of Conditions re MAY 21,2019 religious use at 2804 Holland Road DISTRICT 7—PRINCESS ANNE K.6 COASTAL VIRGINIA UNITARIAN APPROVED/ 10-0 Y Y Y Y Y A YY Y Y Y UNIVERSALISTS/UNITARIAN MODIFIED,BY CHURCH OF NORFOLK for a CONSENT Modification of Conditions re religious use at 809 South Military Highway DISTRICT 2—KEMPSVILLE CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:01/15/2019 PAGE: 4 AGENDA N ITEM# SUBJECT MOTION VOTE A H Y W W B E J G R I 0 B DN 0 K M A 0 L W O O YL N A 0 A US 0 T TEE EN S R S O O E TR Y S E , S D ENDN K.7. ANTONIO AZEVEDO for a Conditional APPROVED/ 10-0 Y Y Y Y Y A YY Y Y Y Change of Zoning from R-10 Residential to PROFFERED/ I-1 Light Industrial and R-10 Residential CONDITIONED and a Conditional Use Permit re bulk storage yard at 311 S.Birdneck Road DISTRICT 6—BEACH K.8. DAVID PAUL AURILLO for a APPROVED/ 10-0 Y Y Y Y Y A YY Y Y Y Conditional Use Permit re home CONDITIONED, occupation at 5720 Attica Avenue BY CONSENT DISTRICT 4—BAYSIDE K.9. 6S DEVELOPMENT,LLC/RTR REAL APPROVED/ 10-0 Y Y Y Y Y A YY Y Y Y ESTATE ASSOCIATES,TIDEWATER CONDITIONED, INVESTMENTS,LLC,and BRUCE BY CONSENT RANOMSKI for a Conditional Use Permit re automobile service station at 1910 and 1924 Kempsville Road and 1909 Centerville Turnpike DISTRICT 1— CENTERVILLE K.10. Ordinance to AMEND Section 901 of the APPROVED,BY 10-0 Y Y Y Y Y A YY Y Y Y City Zoning Ordinance(CZO)re use CONSENT regulations in the B-4K Business District K.11. Ordinance to AMEND Sections 102,111, APPROVED,AS 8-2 N Y N Y Y A YY Y Y Y 401,501,601,901,1110,1125,1521 and AMENDED 2203 of the City Zoning Ordinance(CZO) and Section 5.2 of the Oceanfront Resort District Form-Based Code and ADD Sections 209.6 and 241.2 of the CZO re Definition,Requirements,and Use of Home Sharing and Short Term Rentals L. APPOINTMENTS: RESCHEDULED BYCONS ENS US BIKEWAYS AND TRAILS COMMITTEE BOARD OF BUILDING CODE APPEALS —ELECTRICAL DIVISION —NEW CONSTRUCTION DIVISION —PLUMBING AND MECHANICAL DIVISION COMMUNITY SERVICES BOARD DEFERRED COMPENSATION BOARD GREEN RIBBON COMMITTEE HISTORIC PRESERVATION COMMISSION INVESTIGATION REVIEW PANEL PERSONNEL BOARD PROCESS IMPROVEMENT STEERING COMMITTEE STORMWATER APPEALS BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:01/15/2019 PAGE: 5 AGENDA N ITEM# SUBJECT MOTION VOTE A H Y W W B E J G R I 0 B DN 0 K M A 0 L W0 O Y L N A 0 A US 0 T TEEENSR S O O E TR Y S E SDENDN ADVERTISING ADVISORY Appointed: 10-0 Y Y Y Y Y A YY Y Y Y COMMITTEE David Nygaard Ex-Officio No Term Glenn Tuckman- Virginia Beach Hotel Motel Association No Term AUDIT COMMITTEE Appointed: 10-0 Y Y Y Y Y A YY Y Y Y David Nygaard Unexpired Term thru 4/30/2020 BROADBAND STEERING COMMITTEE Appointed: 10-0 Y Y Y Y Y A YY Y Y Y Rosemary Wilson Unexpired Term thru 1/31/2019+1 Year 1/31/2020 Reappointed: David L.Hansen 1 Year Term 2/1/2019-1/31/2020 COMMUNITY ORGANIZATION Appointed: 10-0 Y Y Y Y Y A YY Y Y Y GRANT REVIEW AND ALLOCATION Rosemary Wilson COMMITTEE 1/15/2019-8/31/2021 Andrew Nissman— Represents United Way Hampton Roads 1/15/2019-8/31/2021 Dr.Demetria Lindsay—Acting Health Director Unexpired Term thru 8/31/2020 HAMPTON ROADS PLANNING Appointed: 10-0 Y Y Y Y Y A YY Y Y Y DISTRICT COMMISSION David Nygaard No Term Sabrina Wooten No Term HEALTH SERVICES ADVISORY Appointed: 10-0 Y Y Y Y Y A YY Y Y Y BOARD Dr.Demetria Lindsay—Acting Health Director Ex-Officio No Term HISTORICAL REVIEW BOARD Appointed: 10-0 Y Y YYY A Y Y Y Y Y James Vachon 1/15/2019- 10/31/2021 HUMAN RIGHTS COMMISSION Appointed: 10-0 Y Y Y Y Y A YY Y Y Y Allison White Unexpired Term thin 3/31/2020 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:01/15/2019 PAGE: 6 AGENDA N ITEM# SUBJECT MOTION VOTE A H Y W W B E J G R I 0 B DN 0 K M A 0 L WC' O Y L N A 0 AUS 0 T TEE ENS R S O O E TR Y S ESDENDN MINORITY BUSINESS COUNCIL Appointed: 10-0 Y Y Y Y Y A YY Y Y Y Clarence Neeley Unexpired Tenn thru 5/31/2019+2 Years 6/1/2019-5/31/2021 PLANNING COUNCIL Appointed: 10-0 Y Y Y Y Y A YY Y Y Y Sabrina Wooten Unexpired Term thru 3/31/2019+1 Year 4/1/2019-3/31/2020 TRANSITION AREA/ITA CITIZENS Appointed: 10-0 Y Y Y Y Y A YY Y Y Y ADVISORY COMMITTEE Joseph Strange- Development Authority Ex-Officio Unexpired Term then 2/28/2021 Appointed: Steve Barnes- Planning Commission Ex-Officio Unexpired Term then 2/28/2020 VIRGINIA BEACH COMMUNITY Appointed: 10-0 Y Y Y Y Y A YY Y Y Y DEVELOPMENT CORPORATION Michael Berlucchi Unexpired Term then 12/30/20+4 Years 1/1/2021-12/31/2024 VIRGINIA BEACH DEVELOPMENT Appointed: 10-0 Y Y Y Y Y A YY Y Y Y AUTHORITY Bill Brunke Unexpired Term then 8/31/2022 CITY COUNCIL LIAISONS Appointed: 10-0 Y Y Y Y Y A YY Y Y Y ARTS AND HUMANITIES Jessica Abbott COMMISSION Sabrina Wooten MILITARY ECONOMIC Shannon DS.Kane DEVELOPMENT ADVISORY James L.Wood COMMISSION MINORITY BUSINESS COUNCIL Aaron Rouse OLD BEACH DESIGN REVIEW David Nygaard COMMITTEE PARKS AND RECREATION Sabrina Wooten COMMISSION RESORT ADVISORY COMMISSION David Nygaard Rosemary Wilson VIRGINIA BEACH TOWING David Nygaard ADVISORY BOARD M/N/O ADJOURNMENT 10:10 PM